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Dear Senators,
Enclosed herewith is the “Staff Analysis of the FY 2020 Executive Budget.” It is intended to
assist the members of the Finance Committee and the Senate as a whole, in our deliberations. We hope
that our readers find it useful.
The analysis of the Executive Budget begins with a summary of the spending plan. It then offers
an explanation of proposed changes that affect receipts and provides for Senate Issues in Focus. Finally,
it provides a summary of the Executive’s Article VII language bills submitted as part of the Executive
Budget. The report provides an analysis of the appropriations recommended this year and an analysis of
the governor’s recommendations.
Each member of the Senate Finance Committee devotes considerable time and effort to the
passage of a budget that serves the interest of every New Yorker. I am most grateful for their cooperation.
It is also a pleasure to thank the staffs of both the Senate Finance Committee, and the Counsel and
Program Office, whose assistance has been invaluable.
Sincerely,
JAMES L. SEWARD
Ranking Member, Finance
Report of the
Senate Finance Committee
Publication Editor
Keith McNab
Support
Mary Morelli
David Burns
TABLE OF CONTENTS
Middle Class Income Tax Cut / Child and Dependant Care Credit .......................................................... 145
New York State Property Tax Relief ...................................................................................................... 147
New York City Property Tax Growth ....................................................................................................... 154
Foundation Aid ......................................................................................................................................... 158
College Affordability ................................................................................................................................ 161
Transportation Capital Programs .............................................................................................................. 164
Congestion Pricing .................................................................................................................................... 170
Executive Criminal Justice Proposals ....................................................................................................... 174
Executive Proposal on Ethics and other Governmental Operations ......................................................... 178
State Spending Cap ................................................................................................................................... 185
Minimum Wage - $15 per hour (Update) ................................................................................................. 187
Recreational Marijuana ............................................................................................................................. 193
Workforce Update ..................................................................................................................................... 196
Energy and Environment .......................................................................................................................... 199
Local Government Impact and Continued Savings to Counties ............................................................... 200
OVERVIEW
New York State Senate Republicans have led the To reduce the financial gaps the Executive
way over the last eight years in a bi-partisan Budget utilizes financing mechanisms, such as
fashion, to enact on time state budgets that extending the high earners tax rate which was set
achieve our key goals of controlling taxes and to statutorily decrease as of December 31st of this
spending, creating jobs, and investing in key areas year, propose new taxes on internet transactions,
like education, health care and the environment. eliminate sales tax exemptions on energy sold by
energy service companies, stop the growth in the
The FY 2020 Executive Budget, as proposed, STAR program for homeowners who receive the
continues to employ a budgeting strategy that exemption, reduce eligibility within the STAR
reduces long-term structural deficits through program for those homeowners who currently
increased taxes and moving current state receive the exemption, defer a Human Services
operating funds spending out of the state cost of living adjustment and the proposal of
operating fund calculation and disbursement several new fees. The Executive Budget estimates
controls. The largest spending increases under the that the General Fund will remain in balance on a
Executive’s plan are State aid to education $956 cash basis for FY 2020 and the Financial Plan
million and Medicaid $1 billion while keeping the projects a four-year General Fund surplus of
overall state operating spending within the self- $2.633 billion.
imposed two percent spending cap. The two
percent constraint on state spending has saved The Executive Budget revenue outlook continues
taxpayers in excess of $52 billion over the last to reflect the recent uncertainty and atypical
eight years. receipts patterns the State has been experiencing,
and the Executive has again adjusted revenue
While no new tax relief is proposed in FY 2020, projections. In comparison to the FY 2019 Mid-
the Executive budget continues the phase-in of Year update, tax receipts are revised downward
the Senate Republican initiated Middle Class Tax by $396 million. This downward trend when
cuts which when fully phased in by 2025 will added to the estimates in the Division of Budget
provide $4.2 billion in tax relief. In addition, the 2019 Mid-Year report project an overall
Executive keeps the promise on the property tax reduction of $1.6 billion for FY 2020.
rebate program which outside of the STAR
program will be the only direct property tax relief The FY 2020 Executive Budget continues to
provided by the State. This program initiated by propose language within the appropriation bills
Senate Republicans will provide $1.3 billion in providing the Executive with broad powers to
property tax relief for eligible homeowners. reduce certain local assistance payments by a
uniform amount in the event that any revenue to
The Executive has proposed a number of gap the State including federal aid is reduced from
closing actions to eliminate a $3.1 billion dollar projected levels.
deficit for FY2020. These proposals in turn
reduce projected out year financial gaps and in In addition to this proposal the Executive has
fact create surpluses projected in FY2022 and advanced language allowing the Director of the
FY2023. Division of Budget to reduce funding for local
assistance programs if revenues projected to
All Funds FY 2020 spending is projected at FY 2020 Budget Gap Closing Plan
$175.2 billion, an increase of $3.5 billion or two (millions of dollars)
percent. All Funds disbursements are projected Mid-Year Surplus / (Gap) Estimate ($3,070)
to exceed receipts in FY 2019 and FY 2020. The Agency Operations $283
Executive proposes to fund the difference from Local Assistance $1,986
Capital Projects / Debt Management $843
other available resources including extraordinary
All Other $242
monetary settlements and General Obligation
Total Spending Changes $3,354
(GO) bond proceeds used to reimburse capital
spending planned from other funding sources in Revenue Actions / Resource Changes $1,283
the first instance. Tax Receipt Reestimates ($1,567)
Total Resource Changes ($284)
FY 2020 ALL FUNDS SPENDING Executive Budget Surplus / (Gap) $0
(billions of dollars)
2019 2020 Change Percent
RECEIPTS
$171.7 $175.2 $ 3.5 2.0%
The Executive Budget projects FY 2020 State
FY 2020 State Operating Funds spending is Operating Funds receipts at $107.2 billion, an
projected at $102 billion, an increase of $1.9
increase of $1.9 billion or 1.8 percent. FY 2020
billion or 1.9 percent from FY 2019.
All Funds receipts are projected to increase from
FY 2020 STATE OPERATING FUNDS SPENDING $170 billion to $172.9 billion, an increase of $2.9
(billions of dollars) billion or 1.7 percent. The All Funds receipts
2019 2020 Change Percent increase reflects an increase in State tax revenue
$100.1 $102.0 $ 1.9 1.9%
The Executive Budget projects a FY 2020 The Executive Budget recommends All Funds
General Fund closing balance of $5.9 billion, a cash disbursements of $5.3 billion for DOH
decrease of $1.047 billion over the projected Public Health spending, an increase of $246
closing balance for FY 2019. Included within the million of 4.9 percent for FY 2020. The
FY 2020 reserve total is $2.3 billion for statutory Executive Budget also includes a number of
reserves; $7 million in the Community Projects notable Article VII proposal, including:
Fund; $21 million in a contingency reserve for
claims made against the State, $155 million for The Reproductive Health Act
potential labor agreements and $500 million for Comprehensive contraception coverage
debt reduction. There is also approximately $2.9 Codifying the New York State of Health
billion in financial settlement proceeds. and other sections of the Affordable Care
Act
MAJOR SPENDING AREA HIGHLIGHTS Fertility insurance mandate
Regulating Pharmacy Benefit Managers
HEALTH - MEDICAID Tobacco Control reforms, specifically
raising the smoking age to 21
The FY 2020 Executive Budget recommends
$73.8 billion in All Funds cash disbursements for The Executive Budget also includes a
the Department of Health (DOH), a net increase comprehensive proposal for the legalization of
of $3.2 billion or 4.5 percent. This amount adult cannabis use.
constitutes the largest area of the Executive
Budget
The FY 2019 Executive Budget provides a $926 The Higher Education Capital Matching Grant
million capital appropriation for SUNY. This Program would not receive a new round of funding
represents a $300 million decrease, or 25 percent. for private colleges and universities.
Senior colleges would receive flat funding of $550
million for critical maintenance. SUNY teaching The FY 2020 Executive Budget provides $46.9
hospitals would receive $100 million in new million in funding for arts and cultural grants
capital authority. administered by the New York State Council on
the Arts. This represents a decrease of $160,000 in
Operating funds for CUNY Senior Colleges would funding from FY 2019.
increase by $73 million or 2.7% within the FY
2020 Executive Budget. The CUNY system is HUMAN SERVICES
expected to approve a $200 increase for in-state
tuition in academic year 2019-20. Similar to The Fiscal Year (FY) 2020 Executive Budget
SUNY, this increase represents the third of four recommends a decrease in All Funds cash
years of authorized tuition increases. disbursements of $410 million, or four percent, for
all human services agencies, with total
CUNY’s community colleges receive state aid via recommended spending of $8.7 billion.
formula based on the enrollment of full-time
equivalent (FTE) students. The Executive Budget The FY 2020 Executive Budget recommends $200
leaves the formula unchanged year-to-year at million in appropriation authority to support the
$2,847/FTE. A revised estimate of enrollment continued implementation of Raise the Age. This
results in a decrease of $17 million. proposal would include reform measures such as
comprehensive diversion, probation, programming
The FY 2019 Executive Budget provides a $380 and placement services for 16 and 17 year old
million capital appropriation for CUNY. This youths who will be involved in the juvenile justice
represents a $20 million increase, or eight percent, system as the age of criminal responsibility
from FY 2019. Senior college appropriation would changed to age 17 on October 1 2018 and will
remain unchanged at $284 million, while change to age 18 on October 1, 2019.
community college projects would increase $68
million. The FY 2020 Executive Budget proposes to
intercept local assistance program payments from
The FY 2020 Executive Budget provides $948 counties for their share of the $55 million cap
million for the Tuition Assistance Program (TAP), instead of issuing bills to counties. Currently,
and includes language within the appropriation to counties are billed for 50 percent of youth facility
allow undocumented immigrants to be eligible for costs. Since FY 2016, the State has capped the
State financial aid programs. The Excelsior amount billed annually at $55 million statewide.
Scholarship and the Enhanced Tuition Award, The Executive Budget recommends that the state
which were established in the FY 2018 Enacted intercept local payments for the county shares of
Budget, would receive $118 million and $7.2 CY 2017 youth facility costs and CY 2018 youth
million, respectively. The Excelsior Scholarship facility costs. The Executive claims that this
The Executive maintains the State’s overall $8.6 The Executive provides $1.57 million in All Funds
billion funding commitment to the MTA’s $30.3 appropriations for the Division of Homeland
billion 2015-2019 Capital Program. In addition, Security and Emergency Services, an increase of
the FY 2020 Executive Budget includes $32 million from FY 2019. This is primarily
appropriation language requiring passage of attributable to a non-recurring appropriation for
legislation relating to congestion tolling, MTA local interoperability grants.
organizational reform and speed cameras prior to
these funds being released. The Executive Budget recommends $956.6
million in All Funds appropriations for the
PUBLIC PROTECTION Division of State Police (DSP), a decrease of $38
million from FY 2019. This decrease is primarily
The FY 2020 Executive Budget recommends All attributable to the elimination of Federal Capital
Funds disbursements of $5.5 billion, a decrease of Equitable Sharing Funds. To comply with State
$30 million or .5 percent over FY 2019 for all Comptroller policy changes for intergovernmental
public protection agencies. This primarily is transfers, the appropriation for Policing The
attributable to decreases in non-recurring Thruway is increased by $9 million.
Legislative additions within the Division of
Criminal Justice Services (DCJS). The Executive Budget recommends $211 million
is All Funds support for the Office of Indigent
Legal Services, an increase of $49.7 million from
Receipts
Taxes 79,266 77,537 (1,729) -2.18% 81,979 4,442 5.73%
Miscellaneous receipts 27,262 29,614 2,352 8.63% 27,158 (2,456) -8.29%
Federal grants 58,942 62,809 3,867 6.56% 63,772 963 1.53%
Total receipts 165,470 169,960 4,490 2.71% 172,909 2,949 1.74%
Disbursements
Grants to local governments 121,995 127,480 5,485 4.50% 130,583 3,103 2.43%
Departmental Operations:
Personal Service 13,838 14,426 588 4.25% 14,745 319 2.21%
Non-Personal Service 7,020 7,030 10 0.14% 6,962 (68) -0.97%
General State charges 8,175 8,734 559 6.84% 9,046 312 3.57%
Debt service 5,873 5,975 102 1.74% 5,694 (281) -4.70%
Capital projects 6,843 8,026 1,183 17.29% 8,158 132 1.64%
Total disbursements 163,744 171,671 7,927 4.84% 175,188 3,517 2.05%
Closing Fund Balance 12,749 11,486 (1,263) -9.91% 9,647 (1,839) -16.01%
Notes
* FY 2018 results as reported by the State Comptoller's Annual Report to the Legislature on State Funds Cash Basis of
Accounting, for the fiscal year ended March 31, 2018.
All Funds is the most comprehensive measure of State spending because it includes federal transfer payments (or grants).
All Funds disbursements are expected to exceed receipts (including other financing sources) by FY 2019 and FY 2020 with the
difference funded from other available resources including Extraordinary Monetary Settlements and general obligation (GO)
bond proceeds to reimburse planned first-instance capital spending.
Receipts
Taxes 79,266 77,537 (1,729) -2.18% 81,979 4,442 5.73%
Miscellaneous receipts 27,061 29,412 2,351 8.69% 26,956 (2,456) -8.35%
Federal grants 79 80 1 1.27% 79 (1) -1.25%
Total Receipts 106,406 107,029 623 0.59% 109,014 1,985 1.85%
Disbursements
Grants to local governments 68,705 70,743 2,038 2.97% 72,520 1,777 2.51%
Departmental Operations:
Personal Service 13,170 13,765 595 4.52% 14,092 327 2.38%
Non-Personal Service 5,651 5,619 (32) -0.57% 5,557 (62) -1.10%
General State charges 7,853 8,381 528 6.72% 8,702 321 3.83%
Debt service 5,873 5,975 102 1.74% 5,694 (281) (0.05)
Capital projects 5,684 6,711 1,027 18.07% 7,063 352 0.05
Total Disbursements 106,936 111,194 4,258 3.98% 113,628 2,434 2.19%
Closing Fund Balance 13,039 11,795 (1,244) -9.54% 10,013 (1,782) -15.11%
Notes
* FY 2018 results as reported by the State Comptoller's Annual Report to the Legislature on State Funds Cash Basis of Accounting,
for the fiscal year ended March 31, 2018.
State Funds includes all State spending except Federal transfer payments.
Receipts
Taxes 77,953 76,116 (1,837) -2.36% 80,562 4,446 5.84%
Miscellaneous receipts 21,334 22,006 672 3.15% 19,549 (2,457) -11.17%
Federal grants 74 75 1 1.35% 74 (1) -1.33%
Total receipts 99,361 98,197 (1,164) -1.17% 100,185 1,988 2.02%
Disbursements
Local Assistance Grants 65,604 66,392 788 1.20% 67,966 1,574 2.37%
Departmental Operations:
Personal Service 13,170 13,765 595 4.52% 14,092 327 2.38%
Non-Personal Service 5,651 5,619 (32) -0.57% 5,557 (62) -1.10%
General State charges 7,853 8,381 528 6.72% 8,702 321 3.83%
Debt service 5,873 5,975 102 1.74% 5,694 (281) -4.70%
Capital projects 0 0 - n/a 0 0 n/a
Total disbursements 98,151 100,132 1,981 2.02% 102,011 1,879 1.88%
Closing Fund Balance 13,607 11,889 (1,718) -12.63% 10,153 (1,736) -14.60%
Notes
* FY 2018 results as reported by the State Comptoller's Annual Report to the Legislature on State Funds Cash
Basis of Accounting, for the fiscal year ended March 31, 2018.
The Executive uses State Operating Funds as the primary a measure of State spending because it encapsulates
the cost of current operations.
The Executive is expected to propose and negotiate with the Legislature to enact, budgets in each fiscal year
that hold State Operating Funds spending growth to two percent. Absent budget actions to adhere to the two
percent benchmark, FY 2020 State Operations Funds spending would increase by $4.7 billion or 4.7 percent.
Receipts
Taxes 49,656 36,827 (12,829) -25.84% 39,660 2,833 7.69%
Miscellaneous receipts 3,129 3,109 (20) -0.64% 2,071 (1,038) -33.39%
Federal grants - - - n/a - 0 n/a
Transfers From Other Funds 18,635 32,566 13,931 74.76% 34,453 1,887 5.79%
Total Receipts 71,420 72,502 1,082 1.51% 76,184 3,682 5.08%
Disbursements
Local Assistance Grants 46,072 50,283 4,211 9.14% 51,865 1,582 3.15%
Departmental Operations:
Personal Service 6,136 8,787 2,651 43.20% 8,949 162 1.84%
Non-Personal Service 2,092 2,981 889 42.50% 2,996 15 0.50%
General State charges 5,572 7,336 1,764 31.66% 7,633 297 4.05%
Transfers To Other Funds
Debt service 1,047 804 (243) -23.21% 537 (267) -33.21%
Capital projects 2,191 2,713 522 23.82% 2,995 282 10.39%
State Share Medicaid 1,333 0 (1,333) -100.00% 0 0 n/a
SUNY Operations 1,015 1,020 5 0.49% 1,174 154 15.10%
Other 4,266 1,073 (3,193) -74.85% 1,082 9 0.84%
Total Disbursements 69,724 74,997 5,273 7.56% 77,231 2,234 2.98%
Closing Fund Balance 9,445 6,950 (2,495) -26.42% 5,903 (1,047) -15.06%
Notes
The General Fund is the major operating fund of the State and the traditional measure of State spending; however over
the years it has become less reliable as a measure due to spending and taxes in other funds.
Local Assistance
Economic Development / Government Oversight 1,270,856 0.97% 1,262,801 1.74% 206,437 0.30% 147,788 0.28%
Education, school aid 30,356,692 23.25% 27,539,334 37.97% 27,139,334 39.93% 23,318,734 44.96%
Education, STAR 2,185,995 1.67% 2,185,995 3.01% 2,185,995 3.22% - 0.00%
Education, other 3,161,975 2.42% 2,384,668 3.29% 2,350,668 3.46% 2,337,537 4.51%
Health, other 9,499,209 7.27% 2,255,770 3.11% 1,698,749 2.50% 756,993 1.46%
Health, Medicaid (all components) 63,120,222 48.34% 21,728,816 29.96% 21,728,816 31.97% 16,153,676 31.15%
Higher Education 2,956,949 2.26% 2,956,949 4.08% 2,945,074 4.33% 2,945,074 5.68%
State Operations
Personal Services 14,745,561 48.02% 14,092,279 49.79% 14,092,279 49.79% 8,949,446 45.71%
Non Personal Services 6,914,952 22.52% 5,510,322 19.47% 5,510,322 19.47% 2,995,853 15.30%
General State Charges 9,046,569 29.46% 8,702,556 30.75% 8,702,556 30.75% 7,633,136 38.99%
Total State Operations 30,707,082 100.00% 28,305,157 100.00% 28,305,157 100.00% 19,578,435 100.00%
Percent of Total Spending 17.53% 24.91% 27.75% 27.40%
Debt Service 5,739,845 100.00% 5,739,845 100.00% 5,739,845 100.00% n/a n/a
Percent of Total Spending 3.28% 5.05% 5.63%
Total FY 2020 Spending 175,187,904 100% 113,628,274 100% 102,010,942 100% 71,443,368 100%
Page 17
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Multi-Year Cash Disbursements Trend
200
$171.7 $175.2
180
$163.7
$157.0
160 $150.7
$140.9 $143.9
$134.8 $133.5 $133.1
140
$126.9
$121.6
$116.1
120
100
$100.1 $102.0
$96.2 $98.2
$92.4 $94.3
80 $87.2 $88.8 $90.5
$84.4
$78.2 $80.7
$77.0
60
Billions of Dollars
40
20
0
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
All Funds $116.1 $121.6 $126.9 $134.8 $133.5 $133.1 $140.9 $143.9 $150.7 $157.0 $163.7 $171.7 $175.2
State Funds $81.4 $83.1 $86.0 $90.1 $93.2 $94.5 $96.6 $98.1 $101.2 $104.0 $106.9 $111.2 $113.6
State Operating Funds $77.0 $78.2 $80.7 $84.4 $87.2 $88.8 $90.5 $92.4 $94.3 $96.2 $98.2 $100.1 $102.0
General Fund $50.6 $48.4 $46.4 $49.4 $50.6 $52.2 $52.9 $54.3 $57.6 $58.0 $59.9 $69.4 $71.4
Major Agencies
Children and Family Services, Office of 2,887 2,964 (468) 468 0 0 0 2,964
Corrections and Community Supervision, Department 29,351 29,175 (614) 767 0 0 153 29,328
of
Education Department, State 2,575 2,692 (269) 269 0 0 0 2,692
Environmental Conservation, Department of 2,887 3,110 (234) 239 0 0 5 3,115
Financial Services, Department of 1,356 1,381 (55) 55 0 0 0 1,381
General Services, Office of 1,811 1,931 (323) 323 0 0 0 1,931
Health, Department of 4,690 5,462 (718) 872 0 0 154 5,616
Information Technology Services, Office of 3,471 3,489 (130) 130 0 0 0 3,489
Labor, Department of 2,935 2,987 (285) 285 0 0 0 2,987
Mental Health, Office of 13,911 13,677 (1,455) 1,495 0 0 40 13,717
Motor Vehicles, Department of 2,301 2,344 (266) 266 0 0 0 2,344
Parks, Recreation and Historic Preservation, Office of 1,751 2,024 (152) 169 0 0 17 2,041
People w ith Developmental Disabilities, Office for 18,867 18,590 (1,078) 1,078 0 0 0 18,590
State Police, Division of 5,609 5,741 (311) 311 0 0 0 5,741
Taxation and Finance, Department of 3,898 3,975 (142) 252 0 0 110 4,085
Temporary and Disability Assistance, Office of 1,923 1,989 (234) 234 0 0 0 1,989
Transportation, Department of 8,501 8,520 (383) 383 0 0 0 8,520
Workers' Compensation Board 1,082 1,109 (89) 89 0 0 0 1,109
Subtotal - Major Agencies 109,806 111,160 (7,206) 7,685 0 0 479 111,639
Minor Agencies 0 0 0 0 0 0 0 0
Subtotal - Subject to Direct Executive Control 109,806 111,160 (7,206) 7,685 0 0 479 111,639
University System s
City University of New York 13,726 13,632 0 0 0 0 0 13,632
State University Construction Fund 142 152 0 0 0 0 0 152
State University of New York 45,882 46,092 0 0 0 0 0 46,092
Subtotal - University System s 59,750 59,876 0 0 0 0 0 59,876
The FY 2020 Executive Budget provides $27.7 billion in school aid, an increase of $956
million or 3.6 percent above the 2017-18 school year.
o Foundation Aid increases by $338 million or 1.9 percent
All school districts would receive an increase in Foundation Aid, with minimum
increase of a one quarter of one percent (0.25%) year over year gain (181
districts)
Formula continues to use school district need and wealth as determining factors
in its distribution
$250 million allocation within Foundation Aid dedicated to community
schools, an increase of $50 million
o Formulas for expense-based aids and other categorical initiatives are unchanged for
2019-20, increasing $411 million
Starting 2020-21, 11 different expense-based would be consolidated and future
growth would be driven by inflation, not district spending behavior
Beginning July 2019, certain building aid reforms to reduce state liability in
reimbursing for school district construction
o $156 million in unallocated foundation aid, to be negotiated by the Legislature
Allow for the creation of regional STEM Magnet High Schools by BOCES. Creation would
be voluntary and allow students in grades 9-12 to study in an intensive STEM environment
Extend Mayoral Control of the New York City school district for three years, expiring June
30, 2022
Allow school districts to enter into agreements for the installation, operation, and maintenance
of school bus stop cameras (identical to the FY 2018-19 Executive proposal)
School districts to develop plans driving foundation aid increases to schools within the district
that are deemed significantly high need and low funded
Limit future increases in school aid to the ten-year annual income growth in New York
Encourage STAR recipients to convert from the STAR Exemption to the STAR Credit:
o Cap Exemption growth at zero percent, while allowing Credit to increase two percent
annually
o Reduce income eligibility for the Exemption from $500,000 to $250,000, while Credit
income eligibility remains $500,000
Community Schools: The Executive Budget High Excess Cost Aid: The Executive decreases
provides for a $250 million Community Schools High Excess Cost aid by $19.2 million for a total
setaside within Foundation Aid, which is an of $619.7 million. The reduction in aid is a result
increase of $50 million above 2018-19 levels. of district claim activity as opposed to proposed
Community schools are designed to provide statutory changes.
students and their families access to support
services in a school setting. These schools partner Private Excess Cost Aid: The Executive increases
with the community to provide resources Private Excess Cost aid by $32 million for a total
including social services, legal, medical, dental or of $404 million.
any other service which would improve student
academic achievement. Similar to FY 2019, $150 BOCES Aid: The Executive increases BOCES aid
million of the setaside retains its flexibility, while by $21.7 million for a total of $971 million.
$100 million of the setaside must be used to
support the transformation of schools into Transportation Aid: The Executive increases
community hubs. Transportation aid by $76.6 million for a total of
$1.99 billion.
Expense-Based Aids: The Executive proposal
maintains current law formulas for reimbursable Academic Achievement Grant: The Executive
aid categories for 2019-20. Expense-based aid is proposal maintains current funding of $1.2
calculated based on claims submitted by school million.
districts on expenses for transportation, special
education, BOCES, hardware and software Supplemental Educational Improvement Grant:
technology, and building aid. The increase of $411 The Executive maintains current funding at $17.5
million is a reflection of the State’s reimbursement million.
obligation based on increased spending by school
districts in these aid categories. Charter School Transitional Aid: The Executive
increases Charter School Transitional Aid by
Proposed changes to the aids beginning in 2020- $1.2 million for a total of $39.9 million.
21 are further discussed in the Article VII section.
Academic Enhancement Aid: The Executive
Fiscal Stabilization Fund: The Executive proposal maintains funding at $9.57 million.
provides $156 million for a fiscal stabilization
fund with distribution of such funds to be Supplemental Public Excess Cost Aid: The
negotiated by the Legislature. Executive maintains funding at $4.3 million.
The following aid formulas represent present law Full Day Kindergarten Conversion Aid: The
funding: Executive budget provides an incentive for
districts to convert to a full day kindergarten
program. Districts would receive the existing
Universal Pre-K for Three and Four year The Executive Budget maintains $25 million for
olds non-public school safety grants, increases STEM
program funding from $15 million to $20 million,
The Executive proposal includes $834 million in and eliminates $7 million for the nonpublic
funding for Universal Pre-Kindergarten in the immunization program.
2019-20 school year, reflecting an increase of $26
million. Approximately 123,000 students will be Other Major budget actions include:
served through this funding.
NY State Food Purchasing Incentive
An appropriation of $20 million for
prekindergarten to expand high-quality, half-day The Executive Budget continues $10 million to
and full-day prekindergarten for three- and four- incentivize school districts to purchase food from
year-old children in high-need school districts New York farmers for school lunch programs.
would be reduced by $5 million, to $15 million
total. Preference for these funds is given to the few Education of Homeless Children
remaining high-need school districts currently
without a prekindergarten program. An additional $1 million is provided to provide
additional reimbursement for school district costs
Charter Schools associated with educating homeless children, for a
total of $31.2 million.
The Executive maintains the existing formula
adopted in FY 2018 for charter schools. Schools
Library Aid
located in New York City would receive $24.9
million, an increase of $2.6 million. This is in line
The Executive Budget eliminates a $5 million
with the prior year Executive commitment.
legislative add in library funding, and provides
$91.6 million.
Special Education
Teachers of Tomorrow
The Executive maintains funding at $1.035 billion
to support the State’s share of pre-school special
The Executive maintains the prior year funding at
education costs.
$25 million. Up to $15 million, or 60 percent, will
be allocated to New York City.
The Executive Budget provides $14 million in The Executive Budget provides $14 million for
state support for New York’s nine public library construction projects which is a reduction
television stations and 17 public radio stations. of $20 million from 2018-19.
NYC Community Learning Schools The Executive Budget appropriates $25 million in
capital funds for non-public schools, community
The Executive Budget eliminates $500,000 for centers and day care centers for safety and security
NYC Community Learning Schools. projects at facilities deemed at risk of hate crimes
or attacks due to their ideology, beliefs, or
mission.
Continued Cost of Minimum Wage
The Executive Budget does not provide a new
The Executive Budget maintains an appropriation
round of Breakfast After the Bell equipment
of $17.18 million to offset the increased costs of
grants. The Executive provided $7 million for this
implementing changes to minimum wage.
purpose in FY 2019.
Small Government Assistance to School The Executive Budget provides $7.2 million to the
Districts Office of the Professions at SED for development
of an online licensing system, an increase of 2.9
The Executive maintains funding of $1.87 million. million.
The Executive also limits the extent to which Annul Professional Performance Reviews
incidental costs are aidable. Projects have a (APPR)
maximum amount of expenses eligible for
building aid, and any costs exceeding the The Executive removes the requirement that state
Maximum Cost Allowance (MCA) are born standardized assessments be utilized as a
entirely by local taxpayers. However, incidental component of teacher evaluations. Local school
costs are not capped in the same way traditional districts, after negotiating with local bargaining
construction costs are and may be reimbursed at units, may still utilize assessments for teacher and
the actual project cost, rather than the cost principal evaluation, as well as other means of
allowance level. The Executive makes growth measurement. Although the original APPR
• The Fiscal Year (FY) 2020 Executive Budget proposes an All Funds spending authorization of
$17.1 billion, an increase of $153 million, or 0.9 percent, over the current year:
o Increase of $73.8 million to SUNY, for a total of $11.1 billion
o Increase of $117 million to CUNY, for a total of $4.7 billion
o Decrease of $27 million to HESC, for a total of $1.2 billion
o No new round of capital projects at non-public schools through HECap (formerly $30
million)
• State Operations support for senior colleges at SUNY and CUNY held flat. Executive would
provide for increased fringe benefit costs at senior colleges: an additional $41 million at SUNY and
$47.7 million at CUNY
• Provides third year of funding for the Excelsior (for SUNY and CUNY students) and Enhanced
Tuition Award (for private school students) Scholarship Programs:
o Increases the family income threshold from $100,000 to $110,000 to participate. Threshold
would rise to $125,000 in 2019-20 and beyond
o Number of Excelsior participants to increase from 27,000 to 30,000. Cost would increase
from $94 million to $118 million
o Number of Enhanced Tuition Award participants would increase from 4,000 to 16,000. Cost
would increase from $6 million to $23 million
• Allows undocumented students to receive State financial aid, with a $27 million appropriation for
increased TAP expenses. Does not appropriate additional funds to cover Excelsior costs
• Increase in TAP expenditures of $15 million, from $933 million to $948 million
Higher Education Capital Matching Overview of Changes in State Support in Higher Education ($thousands)
Program FY 2019 FY 2020 Change
the Arts. The Aid to Localities appropriation STEM & Misc. Scholarships
Excelsior Scholarships
59,692
118,418
60,681
118,584
989
166
would decrease by $160,000, or 0.4 percent, from Teacher Loan Forgiveness
STEM Scholarship for Privates
1,000
4,000
-
-
(1,000)
(4,000)
$42.6 million to $42.5 million. This represents the Enhanced Tuition Award Program 22,863 7,212 (15,651)
Medicaid:
• Recommends All Funds Medicaid spending or $71.2 billion, an increase of 3.9 percent. When
adding the $7.7 billion local share of Medicaid, the gross spending on Medicaid increases to $78.9
billion, an increase of $1.4 billion or 1.73 percent over current year spending.
• Extends Medicaid State Global Spending Cap for one year (through March 31, 2021), which is
projected to remain within required parameters at $19.4 billion, an increase of $568 million , or
three percent.
• The FY 2020 Executive Budget projects DOH State Funds Medicaid spending to be $21.7 billion,
which is above the global cap spending amount, an increase of $132 billion over FY 2019. This
amount is above global cap spending since certain spending increases, such as minimum wage
support, are excluded from the global cap.
• The Executive proposal advances several Medicaid Redesign Team (MRT) proposals including
Medicaid pharmacy cost savings provisions, transportation initiatives, various initiatives impacting
managed care and long-term care, and several other initiatives.
Public Health:
Recommends All Funds spending of $5.27 billion, an increase of $246 million, or 4.9 percent for FY
2020.
• Recommends All Funds spending of $251 million, an increase of $14.8 million or 6.3 percent. The
increase is attributable to a $15 million Executive add in the Expanded In-home Services for the
Elderly Progam (EISEP).
The Executive Budget includes $289 million in The Basic Health Plan was implemented in two
State spending in FY 2020, a decrease of $5 phases:
million from current year levels. The total
operating budget is projected to decrease by $1 ● Phase One: On April 1, 2015, approximately
million in FY 2020 to $575 million. 225,000 legally residing aliens who were
previously enrolled in state-only funded
A total of 4.7 million people have enrolled in Medicaid (excluding children, pregnant
health insurance coverage, including Medicaid, women, and individuals requiring long-term
the Essential Plan, and Child Health Plus through care services) were transferred into the plan.
the NYSOH. Saving Medicaid approximately $1 billion.
● Phase Two: On January 1, 2016,
The FY 2020 Executive Budget recommends the approximately 213,000 enrollees in Qualified
codification of the NYSOH. For additional
Public Health
Sources
Federal Subsidy $3,266 $3,607 $4,033
Growth in Tax Credits $492 $545 $463
Medical Loss Ratio Remittance $220 $41 $0
Aid to Localities
The Executive Budget includes All Funds spending for Transportation of $9.5 billion, a decrease of
$594 billion or six percent from last year.
Department of Transportation (DOT): The FY 2020 Executive Budget proposes a $480 million
(5.6 percent) decrease in spending. The decrease is largely due to the proposal to shift revenues in
the MTA Aid Trust account (appropriated under DOT) to be “off budget” and have payment go
directly to MTA. The Executive Budget provides $4.4 billion to the DOT capital program, which
is funded at $27.3 billion over six years.
Local Highway Funds: The Consolidated Highway Improvement Program (CHIPS) and the
Municipal Streets and Highway Program (“Marchiselli”) maintain FY 2019 funding levels of
$438.1 million and $39.7 million, respectively. The $100 million Local PAVE NY and $100
million Local BRIDGE NY programs are continued in FY 2020. The $65 million for Extreme
Winter Recovery included in the FY 2019 Enacted Budget is not renewed.
Department of Motor Vehicles (DMV): DMV spending for FY 2020 increases by $10.8 million
(three percent) from FY 2019 to $350 million. The proposed would accommodate the second year
of the driver’s license renewal cycle and the implementation of REAL ID.
Transit Funding: The FY 2020 Executive Budget includes an overall increase of $263 million in
operating assistance to the MTA ($5.25 billion total). Funding for the non-MTA Downstate transit
providers includes an increase of $26 million (eight percent), including $11 million ($3 million
increase) for transit over the Mario M. Cuomo Bridge. Operating assistance for Upstate public
transit systems would increase by $11 million (five percent) with funding from a proposed
expansion of an auto rental surcharge.
Thruway Authority: The Executive Budget maintains previous capital commitments for the
Thruway Authority, including funding for the new Governor Mario M. Cuomo Bridge that replaced
the Tappan Zee Bridge. The Thruway is working to implement system-wide cashless tolling.
There are no proposed toll increases through 2020.
The functional area of Transportation includes the The FY 2020 Executive Budget includes 8,520
Department of Transportation (DOT), the Full-time equivalents (FTEs) for the Department,
Department of Motor Vehicles (DMV), the which is unchanged from FY 2019.
Metropolitan Transportation Authority (MTA)
and the Thruway Authority. The FY 2020 The FY 2020 Executive Budget recommends an
Executive Budget proposes a total spending level All Funds cash spending level of $8.5 billion, a
of $9.5 billion for all transportation agencies, a decrease of $480 million, or 5.6 percent from FY
decrease of $594 million or six percent. This 2019. This decrease is largely attributable to the
section mainly discusses overall changes to the shift of some MTA aid off budget ($419 million),
transportation budget. For a detailed discussion of allowing revenues to flow directly to the MTA. A
the capital commitments and proposals, refer to similar proposal was approved in FY 2019,
the “Transportation Capital Programs” Issues in shifting the payroll mobility tax (approximately
Focus section. $1.4 billion) off budget. The decrease is also
attributable to lower spending for the DOT capital
Department of Transportation (DOT) plan, which is in its final year.
DOT maintains and improves more than 44,500 The FY 2020 Executive Budget also includes
highway lane miles and 7,900 bridges. In transfer language under certain appropriations
addition, the Department subsidizes locally authorizing the Director of the Budget to increase,
operated transit systems and partially funds local decrease, or transfer funds without limit.
government highway and bridge construction, as
well as rail and airport programs. The Article VII Provisions
Department’s headquarters is located in Albany, The Executive proposes the following Article VII
and DOT currently operates 11 regional offices in Legislation (additional detail is provided under
Schenectady, Utica, Syracuse, Rochester, Buffalo, section three of this report):
Hornell, Watertown, Poughkeepsie, Binghamton,
Hauppauge and New York City.
The FY 2020 Executive Budget recommends All percent from FY 2019. This increase largely
Funds disbursements of $2.7 billion, a decrease of reflects the first installment of $500 million for the
$38.3 million for the State’s Environmental five-year $2.5 billion in funding for the Clean
Conservation, Energy, Agriculture, and Housing Water Infrastructure. This first installment would
agencies. Increases in funding are recommended be applied to drinking water infrastructure,
for the Adirondack Park Agency ($87,000); the wastewater protection, and water quality
Department of Environmental Conservation protection throughout the State.
($91.9 million); the Department of Public Service
($1.6 million); the Olympic Regional The Executive proposes $55.2 million for the New
Development Authority ($17.3 million); the New York Works Statewide Capital Infrastructure
York Power Authority ($30.7 million); the Office Program that would be used to improve land
of Parks, Recreation and Historic Preservation access, renovate campgrounds, repair dams, and
($3.4 million); and the Hudson River Park Trust renovate DEC facilities.
($5 million). Decreases are recommended for the
Division of Housing and Community Renewal Legislative Initiatives Eliminated:
($127.6 million); Department of Agriculture and
• Town of North Elba/ORDA $250,000
Markets ($57.8 million); and for the Energy • Adirondack Lake Survey Corp. $250,000
Research and Development Authority ($2.4 • Long Island Commission for Aquifer
million). Protection $250,000
• Research Applied Technology Education and
Environmental Conservation (DEC) Service, Inc. $200,000
• Town of Geneva – Seneca Lake Watershed
The FY 2020 Executive Budget recommends All Manager $200,000
Funds appropriations of $1.7 billion for the • Chautauqua Lake Association $150,000
Department of Environmental Conservation • Sustainable South Bronx $140,000
(DEC), an increase of $512.2 million, or 41
The FY 2020 Executive Budget recommends All • Neighborhood Preservation Program ($8.48
Funds appropriations of $459.2 million for the million)
Division of Housing and Community Renewal • Rural Preservation Program ($3.53 million)
(DHCR), a net decrease of $203.3 million, or -
44.21 percent, from current levels. The decrease Lawful Source of Income Non-
is attributed to the elimination of funding for the Discrimination Act of 2019
New York City Housing Authority ($250 million) The FY 2020 Executive Budget includes Article
for capital projects affecting the health and safety
VII language that would add lawful source of
of tenants at housing developments. income to the Human Rights Law and prohibit
housing discrimination based on lawful source of
The funds for the $2.5 billion Affordable and income.
Homelessness Housing Plan continue in
reappropriations. Please see additional Article VII descriptions in
the Article VII section of the White Book.
The Executive proposes $72 million in capital
funding for the Governor’s Office of Storm State of New York Mortgage Agency
Recovery to continue support for ongoing Super
Storm Sandy reconstruction and other natural The FY 2020 Executive Budget recommends All
disasters. Funds appropriations of $215 million for the State
of New York Mortgage Agency (SONYMA), a
The Executive proposes $11 million in state net decrease of $7.4 million, or -3 percent, from
operations funding for the creation of a Tenant current levels.
Protection Unit.
SONYMA is a public benefit corporation that
The Executive proposes $5 million in capital issues taxable and tax-exempt bonds and uses the
funding for the manufactured Home Advantage proceeds to purchase low-interest rate mortgage
Program for the purpose of funding loans and loans. These loans assist low-and moderate-
grants for mobile and manufactured homes. income residents of New York.
The Executive anticipates a staffing level increase SONYMA receives no direct operating support
to 776 FTEs, an increase of 94 FTEs from the from the State. Statute requires the State to
The Executive Budget proposes total All Funds cash disbursements of $5.53 billion, a decrease of -
0.5 percent from FY 2019.
FY 2019 Criminal Justice Reform Proposals: The Executive proposes Article VII language
to implement various criminal justice reforms that would:
o Eliminate cash-bail for all crimes
o Ban bump stocks and enacts Red Flag orders of protection
o Enact the Child Victims Act, which eliminates the criminal statute of limitations for
sexually related felony offenses committed against a child, extends the civil statute of
limitations, and creates a one year window for time-barred civil claims to be
commenced.
The FY 2020 Executive Budget recommends All increase of $11 million from FY 2019 levels. The
Funds cash disbursements of $5.5 billion, a Department’s State Operations increases by:
decrease of $30 million or 0.5 percent over FY
2019 for all public protection agencies. $10.5 million for 153 additional Full Time
Equivalents (FTE)
Department of Corrections and o This is in response to a 2014 Lawsuit settled
Community Supervision (DOCCS) with the New York Civil Liberties Union
o These additional obligations will require 116
The FY 2020 Executive Budget recommends Correction Officers and 37 Program Staff
$3.38 billion in All Funds appropriations for the $3 million for use of Federal Medicaid retro-
Department, an increase of $84 million from FY reimbursement to fund a new Electronic
2019 levels. This increase is primarily the result Medical Records system
of an additional $70 million in Capital
appropriations as well as an increase of $14 These increases are offset by decreases of:
million in State Operations funding.
$1 million in a Legislative addition for Facility
The Executive recommends a Capital Budget of Personal Safety Initiatives
$497 million, an increase of $70 million from FY $500,000 for the annualization of Affirmative
2019 levels. This increase is for additional Action Officer Transfer
funding capital maintenance directly related to $350,000 expansion of Shock Programming
alternatives to solitary confinement construction $200,000 Prior year savings annualized
proposed in Article VII language.
The Executive Budget makes no changes to Aid to
The Executive recommends State Operations Localities spending levels for FY 2020.
General Fund disbursements of $2.85 billion, an
The FY 2019 Executive Budget recommends $1.9 million for the annualization of prior year
$1.57 billion in All Funds support for the Division, initiatives
an increase of $32 million from FY 2019. This is $1 million for the creation of Securing the
primarily attributable to a $25 million capital non- Cities appropriation to continue an existing
recurring appropriation for interoperability grant program aimed at reducing the risk of
and $5 million capital improvement projects at the deployment of radiological or nuclear weapons
State Preparedness Training Center in Oriskany, in major cities
NY. $700,000 for the transfer of an ITS contract for
satellite services to the Division.
The Division’s Aid to Localities budget increases The Executive Budget increases State Operations
$100,000 to $1 million for additional support for by $400,000 for two additional FTEs to handle
the service members’ group life insurance increased workload associated with statewide
program. implementation.
The FY 2020 Executive Budget recommends All Funds appropriations of $178 million for State
Operations and Aid to Localities economic development programs, this is a decrease of $18.1 million,
or 9.2 percent from the FY 2019 Enacted Budget.
• General Fund appropriations are recommended at $166 million, which is a decrease of $22.1
million or 11.7 percent. This decrease is primarily driven by the elimination of Legislative
additions totaling $19.5 million.
• The Executive proposes extending the Minority and Women Owned Business (MWBE)
program through 2024. The proposed extension includes several modifications to the
program, including changes based on the disparity impact study that was released by the
Division of Minority and Women’s Business Development in June 2017, and new anti-fraud
provisions.
• The Aid to Localities Budget would remain at FY 2019 funding levels for the following
programs:
o Empire State Economic Development Fund $26.2 million
o The Centers for Advanced Technology (CAT) $13.8 million
o Centers for Excellence $9.6 million
o High Technology Matching Grants $6 million
o Innovative Hot Spots $5 million
o Retention of Football in Western NY $4.6 million
o Local Tourism Matching Grants $3.8 million
o Economically Distressed Urban and Community Development Program $3.4 million
o The SUNY Albany & Rensselaer Polytechnic Institute Focus Centers $3 million
o Entrepreneurial Assistance Program $1.76 million
o Technology Development Matching Grants $1.38 million
o Economically Distressed Community Development Matching Grant $1.5 million
o Industrial Technology Extension Service $921,000
o Women-Owned Business Development Lending Program $635,000
o Science & Technology Law Center Program $343,000
o Gateway information Centers in Binghamton and Beekmantown $392,000
• The FY 2020 Executive Budget recommends a capital appropriation of $820.3 million. This is
a decrease of $445 million or 35.2 percent from FY 2019.
• The FY 2020 Executive Budget recommends $110 million in new capital spending
appropriations for the following projects:
• Capital approporiations would be increased from FY 2019 Enacted Budget levels for the
following programs:
o High Technology Innovation and Economic Development Infrastructure Program $325
million, an increase of $25 million
o New York Works $220 million, an increase of $20 million
• Capital appropriations totaling $165.3 million would remain at the FY 2019 Enacted Budget
level for the following programs:
o Regional Economic Development Initiatives $150 million
o Market New York $8 million
o Clarkson-Trudeau Partnership $5 million
o Retention of Football in Western NY $2.3 million
The FY 2020 Executive Budget recommends an (DED). This is an increase of $0.5 million or 2.6
All Funds cash disbursement increase of $271 percent from FY 2019 levels. This increase is due
million or 16.3 percent over FY 2019 for all to a new appropriation for the creation of an online
Economic Development agencies. General Fund database for economic development projects.
cash disbursements are projected to decrease by There is no corresponding Article VII for this
$25.9 million or 17.9 percent below FY 2019. appropriation.
The FY 2020 Executive Budget proposes $5.4 billion in All Funds cash disbursements in Mental
Hygiene spending, a decrease of $204 million, or 3.7 percent. This includes $1.8 billion in
Department of Health disbursements for Office for People with Developmental Disabilities
(OPWDD) and Office of Mental Health (OMH) services, an increase of $381 million from FY 2019.
The Executive Budget includes over $200 million to continue funding addressing the heroin and
opioid crisis; however, there is not significant new resources to combat the epidemic.
o This would include a continuation of the jail based substance use disorder funding and a new
Teen Clubhouse and Recovery Center secured by the Senate in FY 2019.
The Executive Budget proposes reforms relating to insurance coverage for mental illness and
substance use disorders.
o The goal of this proposal is to rebalance parity between health and mental hygiene insurance
coverage. This proposal would allow more individuals affected by the opioid crisis to access
services and programs, as well as other individuals who are experiencing mental illness and
other substance use disorders.
The Executive proposes to not advance additional OMH inpatient bed reductions; however, the
Executive proposes to attempt to complete prior years’ targeted goals for reductions.
o The Executive proposes the reduction of 25 forensic beds by allowing counties to establish jail
based restoration to competency programs, reducing the need for State services totaling net
savings of $850,000
o There are no proposed closures of state-operated psychiatric centers in FY 2020.
o There is no new planned reinvestment outside the Executive attempting to meet prior year goals.
The Executive proposes $121 million in Mental Hygiene savings from the deferral of a planned
Cost of Living Adjustment for Human Service Agencies. Agencies impacted outside Mental
Hygiene would bring the total cost avoidance to $141 million for the State.
The Executive proposes $60 million in new state funding, with a federal match of $60 million for
expanding OPWDD services.
The Executive proposes $62.5 million in increased funding to support the direct cost to not-for-
profit providers impacted by scheduled minimum wage increases for mental hygiene not-for-profit
organizations.
The Executive proposes the continuation of the transition to managed care for the developmentally
disabled population receiving services under OPWDD, and provides $5 million to assist in provider
readiness.
Cost of Living Adjustment (COLA) and Medicaid • Requiring minimum coverage standards
Trend Factor for Not-for-Profits • Removing certain benefit limitations
The Executive proposes deferring for one year the • Prohibiting denial of medically necessary care
COLA for human services agencies, as required • Prohibiting multiple co-payments per day and
by Chapter 57 of the Laws of 2006, and the requiring behavioral health copayments be
OPWDD Medicaid Inflationary Trend Factor. equal to a primary care office visit
This deferment results in the following cost • Requiring naloxone coverage
avoidance: • Prohibiting prior authorization for medication
assisted treatment
• Office of Alcoholism and Substance Abuse • Prohibiting preauthorization and concurrent
Services (OASAS) - $12 million utilization review of SUD services during the
• OMH - $37 million initial 21 days of treatment (expanded from 14
• OPWDD - $72 million days)
• Prohibiting preauthorization and concurrent
Total cost avoidance, including Mental Hygiene utilization review of inpatient psychiatric
and other agencies, would be $141 million. services for youth services during the initial 14
days of treatment
Minimum Wage • Requiring mental health utilization review
The FY 2020 Budget recommends a $62.5 million staff to have subject matter expertise
State spending increase to support the direct cost • Allowing OASAS to designate a standard
to not-for-profit providers of the scheduled utilization review tool for in-State SUD
minimum wage increase for direct care, direct treatment
support, and other workers. The amounts per state • Prohibiting insurers from retaliating against
agency are: providers that report insurance law violations
to State agencies
• OASAS - $6.7 million increase, for a total of • Requiring insurers to post additional detail
$18.4 million regarding their behavioral health provider
• OMH - $8.4 7 million increase, for a total of networks
$18.5million • Requiring insurers to provide their most recent
comparative analysis for insureds
The Fiscal Year (FY) 2020 Executive Budget recommends a decrease in All Funds cash disbursements
of $410 million, or four percent, for all human services agencies, with total recommended spending of
$8.7 billion.
• $200 million in appropriation authority to support the continued implementation of Raise the Age.
• Amends childcare inspection, training, and background clearance requirements to comply with the
Federal Child Care Development Block Grant Act of 2014. The FY 2020 Executive Budget
proposes to fund up to $80 million for (CCDBG) compliance.
• Authorizes background clearance checks required by the Federal Family First Preventive Services
Act (FFPSA) so that New York can continue to receive Federal Title IV-E funding
• Eliminates the ability of family courts to detain youth who are alleged to be a Person in need of
Supervision (PINS) and limit their ability to order residential foster care placement at the disposition
of a PINS.
• Authorizes OCFS to appoint a temporary operator for foster care agencies and would extend the
authority of ODTA to appoint a temporary shelter operator for emergency shelters.
• Authorizes Federal Supplemental Security Income (SSI) benefits to be increased in 2020 by the
percentage of any SSI COLA.
• Authorizes social services districts to assign Public Assistance (PA) recipients to 90-day job try-
outs as work experience assignments.
• Prohibits the disclosure of personal information by public employers for all public sector
employees.
• Extends binding arbitration for certain local police and fire organizations until July 1, 2024.
• Protects veterans from financial exploitation by prohibiting any entity from “pension poaching”
vulnerable veterans and their dependents
• Prohibits discrimination based on gender identity or expression, and include offenses regarding
gender identity or expression under the hate crimes statute.
• Permits the New York State Insurance Fund to cancel a workers’ compensation policy based on the
policyholder’s failure to cooperate with a payroll audit.
• Updates the authorization process for medical providers by expanding the types of health care
providers to include urgent care settings, nurse practitioners, or medical care provider or supplier
and amend the authorization process for those providers.
The Fiscal Year (FY) 2020 Executive Budget • $424,000 in additional funding within the
recommends a decrease in All Funds cash Family and Children's Services Program
disbursements of $410 million, or four percent, for (FCSP). The changes within the FCSP reflect
all human services agencies, with total the elimination of a $326,000 Legislative
recommended spending of $8.7 billion. addition for additional staff hours to take adult
protective calls at the Human Services call
Office of Children and Family Services Center.
(OCFS) • $153,000 increase to the System Program to
fund the transfer of two FTE’s from the Office
The FY 2020 Executive Budget recommends All of Technology Services to OCSF.
Funds Spending of $3.7 billion, a decrease of $235 • $40,000 increase within the Youth Facilities
million from FY 2019. The FY 2020 Executive Program Enterprise Fund to allow increased
Budget recommends a workforce of 2,964 full sales/inventory purchases to expand sales
time equivalents (FTE), which is unchanged from opportunities for youth programs in facilities.
FY 2019.
The growth within OCFS State Operations is
State Operations offset by a $721,000 decrease to the Youth
The Executive Budget recommends increasing the Facilities Program (YFP). The YFP decrease
OCFS State Operations appropriation by $14.8 reflects a $754,000 shift of maintenance staff to
million. The change can be attributed to the Capital and $33,000 in increased minimum wage
following increases: costs in program contracts.
Children Services account which reflects the Opportunities for a Better Tomorrow
Yeled V’Yalda Early Childhood Center
$200,000
$175,000
• $50,000 elimination of a Legislative addition Metropolitan New York Coordinating Council on Jewish Poverty
Be Proud, Inc.
$25,000
$5,000
for the Helen Keller Services for the Blind, Human Services initiatives
New York Immigration Coalition
$5,000,000
$350,000
(A) $250,000
Research and Recognition Project $50,000
• Prohibits the disclosure of personal information North Country Veterans Association $100,000
by public employers for all public sector Legal Services of the Hudson Valley Veterans and
Military Families Advocacy Project $200,000
employees. Department of New York VFW of the U.S. Field Service
Operations $125,000
Veterans Outreach Center (Monroe) $250,000
• Extends binding arbitration for certain local Vietnam Veterans of America New York State Council $50,000
Warrior Salute Program $200,000
police and fire organizations until July 1, 2024. SAGE Veterans Project (S) $50,000
NYS Defenders Association Veterans Defense Program
(S) $250,000
Division of Veterans’ Affairs (DVA) NYS Defenders Association Veterans Defense Program -
Long Island Expansion $220,000
West Islip American Legion $35,000
The FY 2020 Executive Budget recommends All Total Veterans $2,155,000
Overview
• General Government includes 22 agencies, boards and commissions in addition to General State
Charges and Local Government Assistance
• New York State will not amortize pension costs for FY 2020. The Executive anticipates paying
the full amount of the State’s pension obligation in April, 2019 to save $63.1 million in interest
• The Executive Budget eliminates Aid and Incentives to Municipalities (AIM) base funding to towns
and villages where funding supports less than two percent of their FY 2019 All Funds budget.
Although this proposal would not affect the current AIM base funding for cities, it would reduce AIM
for towns and villages by a total of $59 million
• The Executive Budget eliminates Legislative initiatives that provide targeted aid to municipalities
• Make the Property Tax Cap of two percent per annum permanent
• Create the Office of Cannabis Management within the Division of Alcoholic Beverage Control
to regulate legalized recreational marijuana.
• Fourth round of funding totaling $100 million for the Downtown Revitalization Initiative identical to
that included in the FY 2017, FY 2018, and FY 2019 Enacted Budgets
• Simplify Video Lottery Gaming tax rates. The Executive advances language to simplify and adjust
the vendor commission rates at the nine Video Lottery Gaming Facilities for a State Revenue increase
of $5.4 million
• Election Reform. The Executive recommends various reforms including early voting, publically
financed campaigns, candidate tax return disclosure, a single primary date in June, voter pre-
registration for 16, 17 year olds, and electronic poll books
• Ethics Reform. The Executive recommends various reforms including a lobbyist code of conduct,
increased civil and criminal penalties for lobbyists who fail to file timely lobbying reports or comply
with random audits, and an extension of the lobbying ban to 5 years from 2 years for State officers
and employees
Page 116 FY 2020 Executive Budget Summary
GENERAL GOVERNMENT
AND LOCAL GOVERNMENT
ASSISTANCE
Data Analytics
Deferred Compensation Board
Executive Chamber
Office of Information Technology
Office of Lieutenant Governor
Public Employment Relations Board
Division of Tax Appeals
Business Taxes
Corporation Franchise 3,977 4,362 385 9.7%
Corporation and Utilities 685 710 25 3.6%
Insurance 1,816 2,307 491 27.0%
Bank Tax 123 71 (52) -42.3%
Petroleum Business 1,143 1,161 18 1.6%
Total 7,744 8,611 867 11.2%
Other Taxes
Estate and Gift 1,056 1,074 18 1.7%
Employer Compensation Expense Program - 2 2
Real Estate Transfer 1,130 1,148 18 1.6%
Pari-Mutuel 15 15 0 0.0%
Other 3 3 0 0.0%
Total 2,204 2,242 38 1.7%
Business Taxes
Corporate Franchise 3,157 3,510 353 11.2%
Corporate Utilities 515 537 22 4.3%
Insurance 1,622 2,056 434 26.8%
Bank 102 60 (42) -41.2%
Total 5,396 6,163 767 14.2%
Other Taxes
Estate and Gift 1,056 1,074 18 1.7%
Employer Compensation Expense Program - 2 2 n/a
Pari-mutuel 15 15 0 0.0%
Other 3 3 0 0.0%
Total 1,074 1,094 20 1.9%
Business Taxes
Corporation Franchise 4,362 4,605 243 5.6%
Corporation and Utilities 710 717 7 1.0%
Insurance 2,307 2,354 47 2.0%
Bank Tax 71 - (71) -100.0%
Petroleum Business 1,161 1,108 (53) -4.6%
Total 8,611 8,784 173 2.0%
Other Taxes
Estate and Gift 1,074 1,135 61 5.7%
Employer Compensation Expense Program 2 8
Real Estate Transfer 1,148 1,183 35 3.0%
Pari-Mutuel 15 15 - 0.0%
Other 3 3 - 0.0%
Total 2,242 2,344 96 4.5%
Business Taxes
Corporate Franchise 3,510 3,717 207 5.9%
Corporate Utilities 537 541 4 0.7%
Insurance 2,056 2,101 45 2.2%
Bank 60 - (60) -100.0%
Total 6,163 6,359 196 3.2%
Other Taxes
Estate and Gift 1,074 1,135 61 5.7%
Employer Compensation Expense Program 2 8 6 300.0%
Pari-mutuel 15 15 - 0.0%
Other 3 3 - 0.0%
Total 1,094 1,161 67 6.1%
The FY 2020 Executive Budget contains a number with incomes exceeding $1,077,550. The
of tax and revenue related proposals, tax decreases Executive estimates this proposal will increase
and revenue enhancements. The following is a list revenues by $771 million in FY 2020, $3.6 billion
of those proposals: in FY 2021, $4.8 billion in FY 2022, and $5.5
billion in FY 2023.
Personal Income Tax
Clarify Calculation of New York City
Close the Carried Interest Loophole Enhanced Real Property Tax Circuit Breaker
Credit
The Executive proposes to close the so called
carried interest loophole, under which the This proposal would make a technical correction
compensation of managers or partners of hedge to the calculation of the New York City Enhanced
funds is treated as capital gains, rather than as Real Property Tax Circuit Breaker Credit. The
income. law currently states how the credit will be
calculated in years after 2013 and before 2016, but
Under this proposal, this compensation would be does not state how the credit should be calculated
reclassified as income, and subject to a 17 percent in subsequent years prior to the credit sunsetting
“fairness fee”. This fee would remain in place in 2020.
until the Federal government classifies this type of
compensation in a similar way to this proposal. This proposal clarifies that the credit continue to
This proposal would not go into effect until be calculated in the same way it was prior to 2016.
Connecticut, New Jersey, Massachusetts, and
Pennsylvania enact “substantially similar” Include Certain Gambling Winnings in
legislation. Thus far only New Jersey has enacted Nonresident NY Income
“substantially similar” legislation.
The Executive proposes to include gambling
The Executive estimates that if this proposal were winnings above $5,000 in the definition of
to take effect, State revenue would increase by nonresident New York source income, and would
$1.1 billion. subject these gambling winnings to withholding.
The Executive estimates that this proposal would
Extend the Millionaires Tax increase revenue by $1 million annually starting in
FY 2021.
The Executive proposes to extend the temporary
high income tax surcharge for an additional five Extend PIT Limitation on Charitable
years, through tax year 2024. The tax rate will
Contributions for Five Years
remain the same at 8.82 percent for married
taxpayers with incomes exceeding $2,155,350, for
The Executive proposes to extend the current
heads of household taxpayers with incomes
limitations on the itemized deductions for
exceeding $1,616,450, and for single taxpayers
Provide a Sourcing Rule for GILTI The Executive proposes to expand the
Apportionment qualification of properties eligible for the Historic
Rehabilitation Credit to include properties located
The Executive proposes to provide a statutory in all State parklands. Currently, in order for a
sourcing rule for global intangible low taxed property to qualify for this credit, the eligible
income (GILTI). As there is currently no sourcing rehabilitation project must be located in a census
rule in law, the Commissioner of Taxation and track identified as being below the median family
Finance has the authority to establish a sourcing income. This proposal would allow for projects
rule administratively. This proposal would codify within parklands that are leased to private entities
the current administrative sourcing rule, which to utilize the credit. This is meant to encourage
states that the entire net amount of GILTI be
The Executive proposes to create a new tax credit Clean Heating Fuel Tax Credit Extension
for employers who qualify for the Federal
Employer Provided Child Care Credit. The The Executive proposes to extend the credit for
Federal credit is available to employers who purchasing bioheating fuel until December 31,
provide child care services to their employees, or 2022. The current credit expires December 31,
who pay for referral services for child care on 2019. The credit is equal to $0.01 per percent of
behalf of their employees. The proposed New biodiesel mixed into home heating oil, not to
York credit would be equal to 100 percent of the exceed $0.20 per gallon. In order to be eligible for
Federal credit. the credit each gallon of clean heating fuel must be
at least 6 percent biodiesel.
Individual credits shall not exceed $150,000
annually, and would be available after January 1,
The Executive proposes to amend the additional Cap STAR Exemption Benefit Growth
commissions VLG facilities receive as a result of
them being in close proximity to commercial The STAR property tax exemption and personal
casino. The proposed amended formula would income tax credit are both allowed to increase by
provide them an additional vendor commission at up to two percent annualy. The Executive
a flat rate. proposes allowing the credit to continue
increasing by up to two percent annually, but
PROPOSED FISCAL IMPACTS TO VIDEO LOTTERY homeowners filing for the property tax exemption
GAMING FACILITIES IN FY 2021 would be capped at zero percent. The Executive
(millions of dollars) estimates that this will reduce revenues by $106
ADDITIONAL million in FY 2019-20 and $207 million in FY
VLT RATE COMMISSION 2020-21.
VENDOR REFORM REFORM TOTAL
Batavia 1.7 0.0 1.7
Finger Lakes 0.1 (6.5) (6.4) Reduce Income Limit for the STAR
Hamburg 0.6 0.0 0.6 Exemption
Jake's 58 0.0 0.0 0.0
Monticello 0.0 0.0 0.0
Nassau OTB 0.0 0.0 0.0
The Executive proposes reducing the income limit
Resort's World 0.0 0.0 0.0 for the STAR property tax exemption from
Saratoga 1.0 (4.4) (3.4) $500,000 to $250,000. The limit for filing for a
Vernon 0.3 1.9 2.2 STAR tax credit would remain $500,000, forcing
Yonkers 0.4 0.0 0.4
those earning $251,000-$500,000 annually to
TOTAL $4.1 ($9.0) ($4.9)
Mobile Home Filing Requirements These provisions would also be applied to the
STAR credit. Anyone found to have put materially
The Executive proposes amending filing false information on a STAR application would be
requirements for owners and operators of mobile precluded from receiving STAR benefits for six
home parks. Park landlords must currently submit years.
names, addresses, services provided, and current
park rules and regulations to the Department of
Middle Class Income Tax Cut income tax cut, reducing the middle class income
tax rate from 6.45 percent to 6.33 percent.
In FY 2012, a middle class income tax cut was
enacted which reduced the tax rates for middle The rates will continue to phase down over the
class taxpayers from 6.85 percent to 6.65 percent next seven years until 2025 when the middle class
and 6.45 percent. However, this tax cut was tax rates will be reduced to 5.5 percent, a 20
temporary and only applied to tax years 2012 percent reduction from 6.85 percent.
through tax year
2014. The FY By 2019, New
York will
2014 Enacted For middle class taxpayers, savings will achieve the
Budget
extended these average approximately $250 in 2018 lowest middle
reduced tax rates and will grow to $700 annually. class tax rate
since 1948
through the When fully phased in, total savings will (lowest in over
2017 tax year.
be $4.2 billion annually. 70 years) and
In anticipation This is one of the largest income tax one of the
of this cuts in New York history. largest income
temporary tax reductions
middle class tax
By 2019, middle class tax rates will be in State history.
cut expiring, the the lowest in 70 years.
FY 2017 The Executive
Enacted Budget has maintained
included a Senate Republican initiated $4.2 the State’s commitment to cut middle class taxes
billion middle class income tax cut which will in the FY 2020 Executive Budget, which is
reduce middle class tax rates by 20 percent when important considering that the State is currently
fully phased in. Over 4.4 million taxpayers will facing budget deficit.
see a reduction in the first year, and when fully
phased in, six million taxpayers will receive a Who is Impacted
personal income tax rate reduction.
The Personal Income Tax brackets that will have
Without this tax reduction, the 6.65 percent and their rate reduced by 20 percent (from 6.85
6.45 percent tax rates would have expired at the percent to 5.5 percent) are as follows:
end of 2017 and would have reverted to the higher Single filers with taxable income between
rate of 6.85 percent. Taxpayers would have seen $21,400 and $80,650
their taxes increase on average by $155, for a total Heads of Households with taxable income
of $700 million, annually. between $32,200 and $107,650
Married joint filers with taxable income
The first incremental reduction has occurred for between $43,000 and $161,550
tax year 2018 building on the 2011 Middle Class
Single
New Tax Rates Beginning in 2018
Tax Rates in Tax Rates that
effect for were set to take 2025 and
Tax Brackets* 2012-2017 effect in 2018 2018 2019 2020 2021 2022 2023 2024 beyond
$13,900 to $21,400 5.90% 5.90% 5.90% 5.90% 5.90% 5.90% 5.85% 5.73% 5.61% 5.50%
$21,400 to $80,650 6.45% 6.85% 6.33% 6.21% 6.09% 5.97% 5.85% 5.73% 5.61% 5.50%
$80,650 to $215,400 6.65% 6.85% 6.57% 6.49% 6.41% 6.33% 6.25% 6.17% 6.09% 6.00%
Head of Household
New Tax Rates Beginning in 2018
Tax Rates in Tax Rates that
effect for were set to take 2025 and
Tax Brackets* 2012-2017 effect in 2018 2018 2019 2020 2021 2022 2023 2024 beyond
$19,500 to $30,000 5.90% 5.90% 5.90% 5.90% 5.90% 5.90% 5.85% 5.73% 5.61% 5.50%
$32,200 to $107,650 6.45% 6.85% 6.33% 6.21% 6.09% 5.97% 5.85% 5.73% 5.61% 5.50%
$107,650 to $269,300 6.65% 6.85% 6.57% 6.49% 6.41% 6.33% 6.25% 6.17% 6.09% 6.00%
*The tax brackets are indexed to the rate of inflation for tax years 2013-2017.
Bold indicates the reduced tax rates
New York State Property Tax Burden 2010. 4 Most of these counties are located in
upstate New York. A different property tax
New York State’s local governments are entering burden exists for counties in the suburban areas
their eighth year since the historic enactment of surrounding New York City. When measuring
the State’s property tax cap. All counties, towns, property taxes as a percentage of income six New
villages, certain cities, special districts and school York counties were in the top 10 percent
districts in the State of New York except NYC are nationally in 2010: Westchester, Rockland,
subject to the property tax cap relief legislation Putnam, Suffolk, Nassau and Orange. 5
passed in 2011. The legislation was a response to
growth in the local property tax burden across the
State. According to the
State Comptroller, growth
in property taxes • Taxpayers have cumulatively saved over $38.5 billion
skyrocketed by over 73 in property taxes due to the enactment of the tax cap.
percent for school districts • STAR and the Property Tax Relief Credit is projected
between 2001 and 2011,
to save taxpayers over $4.8 billion in FY2020 separate
and by 53 percent in
counties. Three New York from the property tax savings attributed the tax cap.
State counties (Nassau, • New York State continues to have one of the highest
Westchester, Rockland) tax burdens among all 50 states (amount per person).
placed in the top ten
nationally for highest tax
burden. New York State property taxes increased
New York State Property Tax Cap
at an average rate of nearly six percent per year -
more than twice the rate of inflation over the same Extended
period. 1 When compared to roughly 2,700
counties nationally, all New York counties are in The State’s property tax cap was enacted in
the top 24 percent of Median Property Taxes paid conjunction with a State commitment to enact
between 2006 and 2010. 2 Of that amount, 39 meaningful mandate relief as well as a statutory
counties fell within the top 10 percent of Median commitment to annual increases in State aid to
Property Taxes paid in the same comparison. 3 schools in an amount equal to the annual growth
in personal income across the State. The property
When comparing property taxes as a percentage tax cap was extended in the 2015 Legislative
of home value, 47 New York counties were in the session through 2020.
6
1
Annual Report on Local Governments 2011, NYS
Comptroller. 3
Ibid.
2
Based upon a Tax Foundation report analyzing and ranking 4
Ibid.
property tax data of 2,773 counties within the United States 5
Ibid.
through the years 2006-2010. Comparative data available 6
S.6012 - Chapter 20 of the laws of 2015.
from the Tax Foundation is limited through 2010.
7
Estimate based on a 30 year average levy increase
statewide (6 percent). Empire Center Report May of 2015.
8 http://www.p12.nysed.gov/mgtserv/votingresults/
10
State and Local Tax Burden. The Tax Foundation. January
9
NYS Commission on Property Tax Relief Final Report. 1, 2018.
2008.
9
2019 State Business Tax Climate. Tax Foundation. 10
2018’s Tax Burden by State. WalletHub. April 9, 2018.
September 26, 2018
Beginning in FY 2017, STAR eligible recipients School Tax Relief Program (STAR): The FY
who have income less than $275,000 and reside 2017 enacted budget restructured the current
in a real property tax cap compliant school district School Tax Relief Program (STAR) by phasing
received a property tax relief check. Upstate out direct payments to school districts on behalf
homeowners received a flat $185 property tax of eligible homeowners by converting STAR
relief credit check and downstate homeowners exemptions into a refundable property tax credit
received a flat $130 relief credit check. Those for new homeowners. This conversion applied to
New York City Property Taxes – from 11.483 percent largely in response to the
Overview “Great Recession.”
A Property Tax Cap In New York City Would Have Save
Residents Approximately $23.7 Billion Through CFY 2018
28.0
26.0
Billions of Dollars
24.0
$6.8B
22.0 $5.5B
$4.3B
20.0 $3.1B
$700M $2.1B
18.0 $1.2B
16.0
2011 2012 2013 2014 2015 2016 2017 2018
Property Tax 16.9 17.9 18.8 20.0 21.3 22.9 24.4 26.2
Property Tax @ 2% 16.9 17.2 17.5 17.9 18.3 18.6 19.0 19.4
History of Foundation Aid changes were enacted in FY 2012 that limited the
growth in general support for public schools
First enacted in the FY 2008 State Budget, based on the personal income growth index
Foundation Aid is the largest unrestricted source (PIGI) of New York State as measured by the
of State aid provided to 674 public school districts Bureau of Labor Statistics. With the annual index
in New York State. It represents almost 70 averaging 3.7 percent a year since FY 2013
percent of all formula based State aid provided combined with a State spending cap, multi-billion
annually. Prior to FY 2008, State aid was dollar per year increases in Foundation Aid are
calculated and distributed to school districts in simply unattainable.
over 25 separate and complex categories of aid.
Responding to public criticism and litigation, The Executive proposes changing the calculation
Foundation Aid consolidated all of these separate of PIGI and using a ten year average of PIGI to
formulas and was made much more flexible and calculate increases in school aid instead of the
transparent by reducing the complexity and annual index.
number of separate formulas.
Since its enactment, the Foundation Aid formula
Since its enactment, the Legislature has increased concept has largely been well-received by school
Foundation Aid from a base of $12.5 billion to districts and their stakeholders. Aside from the
almost $17.79 billion in FY 2019, for a 42.3 benefit of providing school districts with more
percent increase, far outpacing the
rate of inflation over the same
time period.
The State has provided a Foundation Aid
When Foundation Aid was first increase of over $5.29 billion or 42.3 percent
enacted, there was an expectation since its enactment in 2007.
that school districts would receive In 2018-19, high need districts received $13
full funding under the formula billion or 72 percent of total Foundation Aid.
after a four year phase-in. The
The Foundation Aid formula is progressive.
formula represented a desired
amount of Foundation Aid for Low wealth-high need districts receive a greater
each public school district and is amount of Foundation Aid per pupil compared to
based on educational research and high wealth-low need districts.
data analysis of what successful
schools spend on providing
educational programs and services
to students, less a local contribution/share.
flexibility and transparency, the formula sets a
Due to fiscal constraints however, the Foundation new floor each year. That is, no district has
Aid formula was phased in for the first two years, received less Foundation Aid than it received in
frozen for the next three years, and in FY 2013, the prior year. Even in the case of dramatic
the funding phase-in resumed but at a lower rate changes in data factors such as district wealth,
compared to the first two years. Statutory enrollment, pupil needs, etc., no district has seen
The Foundation Aid formula is progressive. The The Enacted Foundation Aid chart below shows
distribution of Foundation Aid per pupil has an the average amount of Foundation Aid per pupil
inverse relationship to district wealth. Districts measured by wealth deciles (Combined Wealth
that have the least amount of wealth generate the Ratio or CWR) in the enacted FY 2019 Enacted
highest amount of Foundation Aid per pupil. State Budget:
School districts with the greatest amount of
2018‐19 Enacted Foundation Aid per Pupil
by Combined Wealth Ratio
$12,268
$10,522
$9,476
$8,887
$7,106 $6,853
$5,468
$4,643
$3,271
$2,641
School districts included in the low wealth decile minimum increase to all districts. Districts would
have low fiscal capacity and high need and as a receive the greater amount of these tiers which
result, they receive the greatest amount of provide over $293.1 million as a base increase.
Foundation Aid per pupil. Conversely, school
districts included in the high wealth decile have The Executive also proposes a Community
greater fiscal capacity and low need and they Schools increase of $49.99 million with a
receive the least amount of Foundation Aid per minimum increase of $100,000 for eligible
pupil. districts which is a set aside within the
Foundation Aid formula for a total FY 20 increase
2019-20 Executive Budget of $338 million in Foundation Aid. Language is
also provided by the Executive which restricts the
use of the Community Schools increase.
The Executive has proposed a multi-tiered
Foundation Aid formula that maintains the phase-
Consistent with prior years since its enactment,
in concept of calculating an aspirational funding
the formula also provides for a save-harmless so
target with annual phase-in amounts designed to
no district would receive less than they received
reach the target. Two tiers provide aid to districts
in the prior year. For the most part, many of the
based on student need and local fiscal capacity
data factors from prior year formulas are still used
while a third tier provides a 0.0025 percent
$12,471
1
Participation rate information for 2019-20 is not available
as of the time of this publication.
TAP awards range from $500 to $5,165 based on• Veterans Tuition Awards
income level. State law requires SUNY and • Regents Awards for Children of Deceased and
CUNY to provide the difference between $5,165 Disabled Veterans
and the cost of tuition for any student eligible for
• Memorial Scholarship for Families of
the maximum TAP award, allowing the student to Deceased Firefighters, Volunteer Firefighters,
attend-tuition free. Institutions are not reimbursed
Police Officers, Peace Officers, and
for this benefit. SUNY will provide a benefit of
Emergency Medical Service Workers
$76 million this year to TAP recipients, and • NYS World Trade Center Memorial
CUNY will provide a benefit of $85 million. Scholarship
• American Airlines Flight 587 Memorial
TAP is operated as an “as of right” program, Scholarship
guaranteeing a benefit to any student who • Flight 3407 Memorial Scholarship
qualifies.
The State also operates a number of financial aid
Other Existing Programs programs to encourage participation in specific
The STEM (Science, Technology, Engineering, occupations. Loan forgiveness programs for
and Science) scholarship, which covers tuition for physicians, nursing faculty, social workers,
students in a recognized STEM program, was district attorneys, young farmers and child
established in AY 2015. The first freshman cohort welfare workers are all available for individuals
to receive the award graduated in AY 2018, and a who graduate from New York Higher Education
projected 2,113 students are receiving $12.9 institutions and agree to work in a specific
million in AY 2019 2. Students must attend a field/area for a specified number of years.
SUNY or CUNY school, graduate within the top
ten percent of their high school class, and agree to The total cost of these scholarships, loan
live and work in New York in a STEM field for forgiveness programs and awards (not including
five years after graduation. TAP, Excelsior, or ETA) is projected to be $61
million in AY 2020, a decrease of $12 million
The Senate was successful in providing $4 from the current year2.
million to expand the award to a limited number
of students at nonpublic colleges and universities
in the FY 2019 budget.
2
Participation information for 2019-20 is not available as of
the time of this publication.
The $1 billion FY 2016 commitment includes Another $7.7 billion is for network expansion
$750 million, payable over five years, and $250 projects, including funding to complete East Side
million from financial settlement funds to support Access, Penn Station Access projects and the
the Penn Station Access project. The $7.3 billion second phase of the Second Avenue Subway
state commitment will be disbursed once the project. In addition, an amendment to the 2015-
MTA has expended its own funding sources. In 2019 MTA Capital Program approved in July
addition, the FY 2020 Executive Budget 2017 authorized construction of the LIRR
includes appropriation language requiring Expansion or Third Track project, which will
passage of legislation relating to congestion construct an additional track and remove seven at
tolling, MTA organizational reform and speed grade railroad crossings between Floral Park and
cameras prior to these funds being released. So Hicksville.
far, $5.8 billion of the $7.3 billion commitment
has been appropriated. The remaining $1.5 MTA Network Expansion
billion appropriation is included in the FY 2020 Approved MTA 2015-2019 Capital Plan
Executive Budget. Proposed
Category Plan
($ Millions)
The City of New York’s contribution to the 2015-
East Side Access $2,710
2019 MTA Capital Program totals $2.7 billion. Second Avenue Subway, Phase 2 $1,735
Last year’s Enacted Budget required the City to Penn Station Access $695
match the State’s contribution to the $836 million LIRR Expansion Project $2,050
Subway Action Plan for operating and capital Regional Investments $203
improvements, thereby raising the City’s $2.5 ESA Rolling Stock and Liability Reserve $131
billion capital contribution to the 2015-2019 Capital Miscellaneous/Administration $129
Plan by $174 million to $2.7 billion. Total - MTA Network Expansion 7,652
Congestion Pricing
While a proposed fee schedule has not been
For more than a year, the Executive has determined, charges may be similar to bridge and
maintained that a congestion pricing program is tunnel tolls on existing MTA and Port Authority
needed in Manhattan to address the problem of of New York and New Jersey crossings. The
increased traffic and gridlock and to provide a congestion pricing plan would be designed to
new recurring revenue source to support needed generate sufficient revenues to support $15
capital investments for New York City’s subway billion of capital investment in the MTA’s
system. The Executive has argued that the upcoming 2020-2024 Capital Program and
subway system, operated by the Metropolitan include funds to support the infrastructure
Transportation Authority (MTA), is in crisis and necessary to implement the program.
needs substantial additional investment to
modernize its antiquated signal system and make Although the originators of an earlier plan called
other infrastructure upgrades necessary to Move NY generated political and business
improve overall performance. support for congestion pricing in recent years,
until a sudden surge of subway related problems
As a prelude to congestion pricing, the Enacted began in 2017, the Executive remained skeptical
Budget for fiscal year 2019 authorized a new about the viability of congestion pricing. The
surcharge on for-hire vehicles trips made south of need to address the increase in subway service
96th Street in Manhattan to ease vehicular traffic problems, such as extensive and frequent delays,
and establish a new funding stream for the MTA. and fund additional modernization improvements
The new surcharge is $2.75 for mobile phone may have persuaded the Executive to become an
application based for-hire vehicles, $2.50 for advocate of congestion pricing. Even Mayor Bill
yellow and green taxis, and $0.75 for pooled trips. de Blasio, who previously opposed congestion
The revenues will go into an MTA “lock box,” pricing, now seems more amenable to the idea.
and will provide long-term funding for the
Subway Action Plan, outer borough transit Congestion pricing involves using electronic or
improvements, and a NYC general transportation cashless tolling technology to charge vehicles that
account. While the surcharges were supposed to enter designated zones. It is in place in several
take effect at the start of 2019, a legal challenge international cities such as London, Stockholm
by the taxi industry has delayed implementation. and Singapore, where it can cost more than $15 to
drive into the main part of the city during peak
As anticipated, the Executive Budget for fiscal periods. It has not yet been adopted anywhere
year 2020 directs the MTA to design and else in the United States. Any congestion pricing
construct the infrastructure for a congestion plan adopted in New York City would be
pricing system in New York City. Under the coordinated with the MTA’s existing E-Z Pass
Executive’s congestion pricing proposal, and cashless tolling programs. The installation of
motorists and trucks will be charged to enter cashless tolling at the MTA’s bridge and tunnel
Manhattan below and inclusive of 60th Street, but crossings was completed in September 2017.
not along the FDR Drive, beginning in 2021. If
approved, New York would have the nation’s first
congestion pricing program.
Move NY developed a congestion pricing plan The recommendations by the Fix NYC panel built
that included Mr. Schwartz’s toll swap and upon Move NY’s efforts, although the panel did
revenue for roads and bridges. To address the not recommend putting tolls on the City’s free
surge in Uber and other ride-hail-application East River bridges nor did it recommend lowering
services, they also proposed adding per-mile and existing bridge tolls in the outer boroughs. The
per-minute surcharges to fares for cabs and other panel estimated the congestion pricing program
for-hire vehicles in Manhattan south of 96th would be implemented over a two-year period,
Street, which was intended to improve traffic and that the program would generate between $1
flow in heavily congested business areas. billion and $1.5 billion annually, with the monies
going to the MTA to fund subway improvements.
Move NY estimated that its plan would generate
about $1.5 billion annually for mass transit as The program would be implemented in three
well as local road improvements. phases over two years. Phase one would include
the continuation of transit improvements in the
outer boroughs and suburbs, and increased
Part A would require candidates for statewide Part I would require polls to be open on primary
office and members of the legislature provide five elections from six a.m. to nine p.m throughout the
previous years of federal and state tax returns to State.
the board of elections for public disclosure 60
days before a general
election.
Ethics and Campaign Finance Reform Proposals
Part B would create a
taxpayer funded campaign
• Taxpayer Funded Campaign Finance System
finance system, create limits • Same Day Voter Registration and Voting
on political contributions • Three Hours Paid Time Off For Employees
and increase reporting of
such contributions.
On Election Day
• Single June Primary
Part C would require the
State Board of Elections to
develop an on-line portal to
allow individuals to register to vote on-line. Part J would allow 16 and 17 year olds to pre-
register to vote such that they would be
Part D would establish a system of early voting automatically registered upon turning 18.
for 12 days prior to election day. Early voters
could vote at any early voting site in their county, Part K would prohibit campaign contributions by
subject to certain limitation. persons or entities actively bidding for
government procurement contracts. The
Part E would set a single date for state, local and prohibition would extend six months after the
federal primaries at the end of June, and would contract award for the winner. This part would
make technical changes to the Election Law. also enact a civil penalty of the greater of $10,000
or twice the contribution where there was intent
to violate this prohibition, in an action brought by
Part R would lower the threshold for an Same Day Voter Registration
individual to be deemed a lobbyist, triggering The Constitution, Article II, § 5 requires laws be
filing and disclosure requirements. Lobbyists made for ascertaining, by proper proofs, the
with reportable business of at least $500 would be citizens who shall be entitled to the right to vote
required to file a statement of registration. Clients and for the registration of voters be completed at
who retain a lobbyist and have lobbying expenses least ten days prior to an election to be eligible to
of at least $500, would be required to file a semi- vote in that election. The Executive proposes a
annual report. The current threshold for both is constitutional amendment to allow citizens to
$5,000. register to vote on any day prior to and including
The Legislature, in proactively publishing its The Executive Budget would establish a system
expenditure data is unique. Unlike the Executive of opt-out voter registration for qualified persons
branch, specific details on allocating funds or applying for a motor vehicle driver’s license or
spending funds is provided. In the Senate this identification card issued by the DMV.
information is posted biannually, and payroll data The customer must simply check a box to opt-out.
is posted biweekly.
The practical effect of having an individual
The business of the legislature is conducted potentially have their registration cancelled in
largely in public view. The records which are not their home state (if a new licensee in New York)
publicly available, or eligible for FOIL are largely or having their voter registration address changed
constitutionally protected by the Speech or to a temporary address can cause headaches for
Debate Clause in Article III, § 11 of the voters that are unintended. These consequences
Constitution. There are also other categories of include a purge of the voter record, having to vote
documents which are protected for similar an affidavit ballot, or seek a court order on
reasons such as confidentiality, privacy, security, Election Day in order to vote.
etc.
Currently an individual is protected by case law
Government Vendor Campaign and permitted to vote at an address that is not the
Contributions address reflected on their driver’s license. An
The Executive proposal prohibits entities that bid individual is entitled to vote at a residence, or
on government procurement contracts from domicile, which may be an address at which the
making campaign contributions to office holders voter does not currently reside.
of and candidates for the state government entity
issuing or approving the bid. This prohibition Since 2012, the DMV has authorized Motor Voter
would run from the posting of the offer until: 1) transactions via the Internet.
six months after the contract award for the
winner; and 2) until the contract is awarded for Early Voting
non-winning bidders. The Executive Budget would require early voting
at polling sites for a period of 12 days prior to
Additionally, this proposal would authorize the special, primary, and general elections.
State Board of Elections chief enforcement
counsel to bring a civil action to recover a civil However, the Executive Budget provides no
penalty in instances where a person, organization funding for this proposal leaving counties (ie.
or business entity intentionally violates this local taxpayers) entirely responsible for
prohibition. The civil penalty would not exceed shouldering the burden for this proposal. The cost
the greater of $10,000 or two times the in the first year alone is likely to exceed $30
contribution for entities that make unlawful million and given that the Senate and Assembly
contributions. It would also require the return of recently passed a similar bill(S.1102, A.780), it is
the contribution. likely the Executive will sign a similar early
Fiscal Responsibility
S.365 is a more stringent annual spending cap that
Fiscal responsibility is good for economic growth would limit spending to the average rate of
and job creation. By adhering to a self-imposed inflation of the three calendar years immediately
State Operating Funds spending cap of two preceding the state fiscal year for which the cap
percent for the past eight years, the Senate would apply (as reported by the consumer price
Republicans have partnered with the Executive to index for all urban consumers, published by the
save taxpayers more than $52 billion while United States Department of Labor, Bureau of
maintaining a commitment to high priority areas Labor Statistics). The spending cap would apply
such as education and health care. Adhering to a only to State Operating Funds (which excludes
two percent spending cap will save taxpayers an state capital and all federal funds).
additional 12.9 billion in FY 2020 to bring total
savings for taxpayers to $65 billion. Within five days of action by the Legislature on
the Executive Budget, the State Comptroller
Executive Budget
State Operating Funds Spending Cap of 2%
The Fiscal Year (FY) 2020
Executive Budget would
increase State Operating Will Have Saved $65 billion over 9 years
Funds spending by $1.88
billion or 1.9 percent and
All Funds spending would Maintains investments in health and education
increase by $3.5 billion or
two percent. State
Operating Funds school aid would increase by 3.6 would determine whether the Enacted Budget
percent on a school year basis and Department of exceeds the spending cap. If the Budget exceeds
Health Medicaid by 6.3 percent on an FY basis.1 the spending cap, as determined by the
Comptroller, the Executive would be required to
Spending-Cap Bill take action to reduce spending to a level that falls
within the confines of the cap.
The Senate Republican Conference has
historically advocated for a statutory spending The cap could be exceeded in the event of an
cap. To ensure the continuance of fiscal austerity, emergency. The Executive would be prohibited
on January 9, 2018, the Senate passed the Annual from submitting, and the Legislature would be
Spending Growth Cap Act (S.365), which would prohibited from acting upon, a budget that
codify a spending cap linked to inflation. The contains a spending increase that exceeds the
new Senate Democratic Majority has not acted spending cap unless an emergency exists.
on S.365 or any other State spending cap The Governor has the power to declare a state of
legislation. emergency by Executive Order and, based upon
1
FY 2020 Executive Budget Financial Plan, page 15.
Background
The full schedule of recent and upcoming The FY 2017 Enacted Budget established the cash
increases in the minimum wage can be found in wage at two-thirds of the statutorily established
the “Schedule of Statutory and Fast Food minimum wage, or $7.50, whichever is higher.
Minimum Wage Increases” table. Additionally, the provision of the law that linked
increases in the cash wage to the federal Fair
The Cash Wage Labor Standards Act were removed.
In a February 2016 analysis, the New York State State Budget Impact
Department of Labor estimated that increasing
the minimum wage to $15 per hour will increase Farm Workforce Retention Credit
labor costs for all employers, on a statewide basis,
by $15.7 billion.
The FY 2017 Enacted Budget included legislation
(Chapter 60 of 2016, Part RR) establishing the
On an annual basis, for each dollar increase in the
“Farm Workforce Retention Credit,” which is an
minimum wage, businesses would incur a total
attempt to minimally offset the impact on farmers
cost of $2,325 per full-time employee, of which
of increased labor costs associated with scheduled
$245 is attributable to increased payroll taxes.
increases in the minimum wage.
In total, the increase in the minimum wage from
Eligible farm employers are able to claim a
$9.00 to $15.00 per hour would see business wage
refundable tax credit for each farm employee who
costs increase by $12,480 per full-time, minimum
is employed for 500 or more hours each year. The
wage earning employee. Additionally, businesses
amount of the credit is $250 for taxable year
would incur $1,470 in additional annual tax
2017, $300 for 2018, $500 in 2019, $400 in 2020,
liabilities (payroll taxes and Workers’
The overall number of State employees is Department of Taxation and Finance (DTF)
expected to increase modestly. The FY 2020 DTF projects an increase of 110 FTE to hire new
Executive Budget proposes a net All Funds audit program staff. The additional auditors
workforce increase of 678 full time equivalent would attempt to intercept more fraudulent
(FTE) positions from 183,705 to 184,383. This refunds before they are issued and help analyze
change is due to an increase of 9,087 new hires more returns for fraud after they have been filed
offset by 8,409 FTE employees leaving due to and processed.
normal attrition.
Department of Housing and Community Renewal
Major Changes (HCR)
HCR projects a workforce increase of 94 FTEs
Department of Health (DOH) that would support administration needs of the
DOH projects a workforce increase of 154 FTE, office processing rent applications and
which reflects 872 new hires offset by 718 investigating possible violations of rent laws.
vacancies generated through
attrition. The majority of the
additional staff would manage No Layoffs
the State takeover of Medicaid
administration from the counties Largest Workforce increase is 153 FTE
(101 FTE), and administer new within DOCCS for Special Housing
lead enforcement standards (28 Units relating to agreements with the
FTE). The latter of the new FTE New York Civil Liberties Union
hire would assume the DOH
acquisition of the the Medical proceeding the codification of Solitary
Indemnity Fund program (10 confinement reform
FTE), increase Behavioral Health DOH projects 101 new FTE hires to
Parity by making behavior health
coverage comparable to acute and manage the continued State takeover of
long term health coverage (8 Medicaid administration from localities
FTE), and increase opioid abuse
prevention practices (7 FTE).
Collective Bargaining
Department of Corrections and Community
Supervision (DOCCS) The Civil Service Employees Association (CSEA)
DOCCS projects an increase of 153 FTE to create and DC-37 (Local 1359 Rent Regulation Service
Special Housing Units that go beyond the Employees) have five-year agreements that include
agreement with the State between the New York annual salary increases of two percent for
Civil Liberties Union after the codification of FYs 2017 through 2021.
solitary confinement reform. United University Professions (UUP) ratified a
collective bargaining agreement that covers
academic years 2017 through 2022. The
The Public Employees Federation (PEF) and the The Judiciary has agreements with all 12 unions
Graduate Student Employees Union (GSEU) represented within its workforce.
have three-year collective bargaining agreements
providing two percent annual salary increases in
The Executive set forth a number of proposals containers a person may redeem for a deposit,
regarding environment and energy policy. The which would be 72 per person per day.
following is a brief overview of notable
proposals. According to the Executive, this proposal is
estimated to increase State revenue by $20
Climate Leadership Act million.
FY 2020 Executive Budget Impact on Local current 36 percent to 20 percent. The reduction is
Governments The FY 2020 Executive Budget estimated to cost New York City $27 million.
includes many proposals that would have a
financial impact on local governments. Areas Medicaid
affected would include the following: The Executive proposes to discontinue the Rural
Transit Assistance Program. This program
Education provides local transit operators with a Medicaid
Beginning in FY 2021, the Executive Budget subsidy. This proposal is estimated to cost upstate
would create a new tier of building aid for newly counties a total of $4 million if implemented.
approved projects to reduce the amount of
incidental costs that a school district may claim, Early Voting & Transfer of Voter
as well as reduce the state-sharing ratio of Registration between Counties
capital projects for some school districts. The Executive proposes to establish early voting
Additionally, the State
would eliminate 11
expense-based aids
beginning in FY 2021. • Implementation of “AIM Reliance” proposal, would
Instead, school districts
would receive a
reduce funding to cities and towns by $59 million
comparable amount in • Discontinuation of the Rural Transit Assistance
future years driven by Program - $4 million cost to upstate counties
inflation rather than their • State continues takeover of local share of Medicaid
actual spending, as costs – provides $3.3 billion in local government relief
expense-based aids
currently are. Since these
proposals are prospective,
no cost estimate to school
districts can be provided. beginning 12 days before an election. The
proposed budget does not provide funding. The
Health cost of this proposal is estimated at $30 million,
The Executive proposes to increase rates for Early and may be a significant cost to local
Intervention providers enrolled in the Early governments.
Intervention Program. This proposal is estimated
to cost counties $300,000 and New York City The Executive proposes to authorize the transfer
$500,000 for a total local government cost of of voter registration between counties. The
$800,000. proposed budget does not provide any funding for
this initiative. The Board of Elections does not
The Executive proposes to reduce the General have the resources to make voting system
Public Health Work (GPHW) program upgrades necessary to facilitate the transfer of
reimbursement to New York City from the numerous voter registrations.
Pension Reform
The enactment of pension reform in 2011 created
a new Tier 6 pension classification, which
includes a variety of cost saving measures
estimated to save the State, NYC, and local
governments more than $82 billion over 30 years.
PART A – Implements differential health care premium contributions within the NYS Health
Insurance Program (NYSHIP) for new civilian hires at retirement based on years of service
● Implements a sliding scale reimbursement of health care costs at retirement. Subsidies begin at 10
years of service and gradually increase until 30 years of service.
● Only applies to new civilian hires. Does not apply to individuals who retire with an ordinary,
accidental, or performance of duty disability pension.
PART B – Ceases reimbursement of the Medicare Income Related Monthly Adjustment Amounts
(IRMAA) to high income State retirees
PART C – Freezes State reimbursement of the Standard Medicare Part B premium paid to
eligible New York State Health Insurance Program retirees
● Freezes the current reimbursement at $135.50 monthly, a rate established by the federal
government.
PART D – Provides a Market-Based Interest Rate on Court Judgments and Accrued Claims
● Amends section 5004 of the Civil Practice Law and Rules, to change the legal rate of interest for
post-judgment civil actions and accrued claims. Such change would be from the current legal rate
of interest of nine per centum per annum, to a market rate, that is equal to the weekly average one
year constant maturity treasury yield, during the calendar week preceding the date of the entry of
judgment. This proposal would have the effect of reducing or increasing the current legal rate of
interest, depending on whether such market rate is higher or lower than the current fixed rate of
nine percent.
PART E – Prohibits State entities from disclosing personal contact information for all public
employees, including State and local employees
● Prohibits public employers from disclosing home address, personal telephone or cell phone
numbers, or email addresses of all public sector employees, except in matters under the Public
Employment Relations Board regarding union enrollment and employee organization
representation, and where compelled to do so by subpoena, court order, or as otherwise required by
law.
● Implements a straight extender of binding arbitration for public safety unions, which is set to expire
on July 1, 2019.
● Makes the two percent real property tax cap, which was first enacted by the Legislature in 2011,
permanent, presently, the real property tax cap is scheduled to expire on June 16, 2020.
PART H – Extends the Authorization of Certain Municipalities to Operate Red Light Cameras
● Extends the authorization of eight municipalities to continue to operate red light cameras until
December 1, 2024.
● Such municipalities include the City of Albany, City of Mount Vernon, County of Nassau, City of
New Rochelle, City of New York, County of Suffolk, City of White Plains, and City of Yonkers.
● All of these municipalities would have their authorization for these cameras sunset in 2019, except
for the City of White Plains, which expires in 2020.
PART I – Eliminates Aid and Incentives to Municipalities (AIM) to 87 Percent of Towns and
Villages
● Reduces the Aid and Incentives Program (AIM). This program presently provides $715 million in
state financial support to cities, towns and villages outside New York City. This reduction would
permanently eliminate 1326 towns and villages (87 percent) from the program, and would reduce
total state payments by $59.2 million.
● After this proposal, only $8 million (or 1.2 percent of the total amount of $655.8 million in AIM
funding) would be going to the state’s towns and villages. The remaining $647 million of the
remaining funding (98.8 percent) would be distributed to the state’s cities (other than New York
City).
PART J – Authorizes Nassau County to Establish a Class One Assessment Exemption for Five
Years
● Provides Nassau County with the local option to phase-in, over a five-year period, the effects of any
assessment changes on class one properties, that will be reflected on the upcoming 2020-21
assessment roll.
● Authorizes Nassau County to create an exemption to phase-in assessment and tax bill changes for
properties that would be facing increases with the 2020-21 assessment roll.
PART K – Authorizes Loans, Transfers, Interchanges and Deposits for Certain State Funds and
Accounts
● New sweeping authority to authorize temporary loans and deposits for certain funds and accounts,
authorize transfers and deposits of funds to and across various accounts, extend various provisions
concerning certain capital projects and certifications, and modify various debt and bond provisions
to adjust state cash flow.
● Extends the Service-Disabled Veteran Owned Business Act ("SDVOB") for an additional period of
five years, until March 31, 2024. The Service-Disabled Veteran Owned Business Act, first
established in 2014, allows six percent of state contracts to be set-a-side for Service-Disabled
Veteran Owned Businesses. Unless extended, the provisions of this act would expire on March 31,
2019.
● This bill aims to expand the SIF’s investing opportunity – the fund will now be able to invest in
certain index funds
o Any surplus funds in the obligations of American companies that are rated “A” or higher
as described in subdivision (2) of Insurance Law § 1404(a);
o Up to 25 percent of surplus funds in obligations of American companies that are rated
investment grade by a nationally recognized securities rating organization; and
o Up to 50 percent of surplus funds in the equities of American companies irrespective of the
rating of an institution’s obligations or qualitative standard described in § 1404(a).
● State law restricts SIF’s investment authority.
● Permits NY SIF to cancel a workers’ compensation policy based on the policyholders’ failure to
cooperate with a payroll audit.
● Current law allows SIF to cancel a workers’ compensation policy only for non-payment of policy.
● Authorizes SIF to cancel a workers’ compensation policy based on the policyholder’s failure to
cooperate with a payroll audit when:
o 1) The policyholder fails to keep at least two appointments with a payroll auditor; or
o 2) Fails to furnish relevant business records in the course of a payroll audit.
● Prior to cancellation, SIF will be required to provide policyholders with 45 days advance notice,
giving policyholders time to act and avoid losing coverage.
PART O – Extends various criminal justice and public safety programs that would otherwise
sunset
● Extends for two years, 24 criminal justice and correctional service provisions/programs that are due
to expire September 1, 2019, including:
o Expansion of the geographical area of employment of local law enforcement when
assisting state police
o Alcohol and substance abuse treatment correctional annex programs
o Incarceration fees
● Provides that a civil suit for damages incurred as a result of child sex abuse may be filed up until
the victim’s 50th birthday.
● Provides a one-year window where time-barred claims can be filed.
● Includes provisions waiving “notice of claim” requirements for a lawsuit against public entities.
● Extends the starting time of the criminal statute of limitations for non-class A and B felony child
sex crimes from the victims 18th birthday until their 23rd birthday.
● Requires the Office of Court Administration to provide specialized training for Judges handling
these cases.
● Prevents a defendant from requesting the jury charge of extreme emotional disturbance defense
based upon a belief that a persons gender or sexual orientation is to blame for the defendants actions.
● Adds the crime of sex trafficking (class B felony) to the prohibitions against using evidence of a
victim’s prior sexual conduct.
● Prohibits the defense from introducing evidence of a victims prior Prostitution conviction.
PART T - Eliminate the Statute of Limitations for Rape in the second and third degrees
● Eliminates the statute of limitations for rape in the second degree (class D felony) and rape in the
third degree (class E felony).
● Provides a new sentencing reduced sentencing structure for those convicted of crimes who can show
that at the time of they committed the crime, they were a victim of domestic violence ‘subjected to
substantial physical, sexual or psychological abuse” by a member of the same household, and such
abuse was a “significant contributing factor” in the commission of the offense, and considering the
nature and circumstances surrounding the crime.
● Allows for a person previously convicted of an offense to access their pre-sentence report and apply
for resentencing.
● Those convicted of murder in the first degree, aggravated murder, registerable sex offenses, or
terrorism crimes are not eligible for the reduced sentencing.
● Adds “journalist” to the professions specially recognized for an enhanced penalty for an assault.
● Eliminates statutory language that allows a jury to consider the death penalty, which was found
unconstitutional by the Court of Appeals in 2004.
● Establishes a 10 day waiting period for the purchase or transfer of a firearm, shotgun, or rifle when
the National Instant Criminal Background Check System come back without an approval or denial.
Extends the waiting period for the purchase or transfer of a firearm, shotgun, or rifle when the National
Instant Criminal Background Check System comes back without either an approval to sell or denial of
sale from three days to 10 days.
● Allows a member of law enforcement, family member or school official where a person
matriculates, to petition the court for an extreme risk protective order upon a showing that subject
is a danger to himself or others. The protective order would prohibit the individual subject to the
order from purchasing any firearm, rifles, or shotguns in his or her possession and require them to
surrender any he or she currently possesses.
● The initial application can be made ex parte, without notice to the subject order and the Judge can
issue a temporary order. If there is a temporary order granted, the subject is entitled to a hearing
within six business days.
● Provides for a hearing on the final protective order where the petitioner would need to prove by
clear and convincing evidence that the subject of the order is “likely to engage in conduct that would
result in serious harm to himself, herself or others.”
● If granted, the final protective order would last one year. At that time, the subject of the order would
be entitled to a new hearing
● Proposes changes to three areas of the criminal procedure law: bail, discovery, and speedy trial.
● Bail
o Requires law enforcement to issue an appearance ticket on misdemeanors and certain
felony crimes.
o Eliminates cash bail and provides that when deemed necessary, pre-trial release
conditions be ordered.
o Creates a procedure for District Attorneys to request a hearing to determine if a person
should be held in jail prior to trial.
o In order to detain an individual pre-trial, a court must find that the defendant is a high
flight risk, poses a threat to the physical safety or another.
o Defines a “pre-trial service agency” as a county probation department or a nonprofit
pretrial agency.
o Requires the Office of Court Administration to collect data on the type of release granted,
sex and race of the defendant, effectiveness of the release type and the pretrial service
agency utilized.
● Discovery
o Repeals the existing criminal discovery provisions.
o Provides for automatic discovery within 15 days of arraignment of numerous items,
including: all written and recorded statements, transcripts of grand jury testimony, names
and contact information for all persons known to have relevant information, all
statements of persons who have evidence or information relevant to the charges,
electronic recordings intended to be used at trial, photographs or drawings made by law
enforcement intended to be used at trial, and any exculpatory information (Brady) that
tends to negate the guilt of the defendant.
o Allows the District Attorney to apply to the court for an order shielding certain otherwise
discoverable information in order to protect the safety of witnesses.
● Subjects the Legislature to the provisions of FOIL that are currently applicable to State Agencies
and the Executive. Repeals the provisions of FOIL solely applicable to the Legislature, and makes
a number of respective amendments to various other provisions of the Public Officers Law to
incorporate the Legislature.
● Requires collective bargaining agreements to be made public prior to ratification. Provides for
attorney’s fees for baseless denials of FOIL requests.
● Expands the types of health care providers and streamlining the process to authorize those providers
under Section 13-b of the Workers’ Compensation Law.
● Expressly permit the Board to resolve disputes concerning any medical service or supply rendered
under the broad authority of section 13 Workers’ Compensation Law
PART DD –Increases the Attorney Biennial Registration Fee and the Criminal History Search
Fee
● Increases the biennial registration fee for attorneys and the criminal history search fee to support
the expansion of the Hurrell-Harring Settlement reforms to all of the State's counties and the City
of New York.
● Under this proposal, the biennial registration fee for attorneys would be increased by $50 (from
$375 to $425) and the criminal history search fee would be increased by $25 (from $65 to $90 per
search). The revenue generated from these fee increases would be directed to the Indigent Legal
Services Fund.
● Allows witnesses from out-of-state or more than 100 miles from the grand jury location to testify
electronically.
PART FF – Authorize the Alienation of Certain Parklands in Hastings, New York to Construct
a New State Police Station
● Authorizes the Town of Hastings, located in the County of Oswego, to transfer ownership of certain
real property to the state for the purpose of constructing a new State Police station.
● In order to effectuate such a transfer, the town must have such parcel alienated as parkland, and
then dedicate the funds received from the transfer for the future acquisition of new parklands and/or
the improvement of existing facilities.
● Makes permanent the current law that allows agencies and political subdivisions to acquire
electricity as a centralized service through the Office of General Services (OGS).
● Authorize public authorities and public benefit corporations to acquire energy products as a
centralized service from OGS.
● Makes permanent the authority of the Office of General Services (OGS) to perform emergency
construction without formal competitive bidding, and increase the dollar threshold for such no-bid
constriction from $600,000 to $2,000,000.
● The present no-bid emergency construction authority is scheduled to sunset on June 30, 2019. This
proposal would remove such sunset date.
● Removes mandatory bans on employment for several occupations including; check cashers, bingo
operators, notary public, real estate broker, public assistance worker and driver’s education teacher.
● Removes six months driver’s license ban for those convicted of a drug offense.
● Prevents the use of “mugshots” in a civil context.
● Provides for early release for those over age 55 facing health issue exacerbated by age.
● Reduces the use of special housing units in continuation of principles of the settlement between the
Department of Corrections and Community Supervision and the New York Civil Liberties Union.
● Allows those convicted of subdivision two of Robbery in the second degree and subdivision two of
Burglary in the second degree to be eligible for the shock incarceration program.
PART LL – Allows the NYS Civil Service Department to establish a continuing eligible list for
any open-competitive class positon
● Allows the NYS Civil Service Department, or municipal commission, to establish a continuing
eligible list in connection with any class of positions, as it deems appropriate.
PART MM – Eliminates requirements for non-competitive and labor class promotional exams
● Eliminates requirements that the NYS Civil Service Department announce and hold an open-
competitive examination to allow non-competitive and labor class employees to compete in
promotional exams.
● Extends salary protections to provisional, temporary and permanent incumbents who take a lateral
transfer to other positions, because of reclassification or reallocation.
● Reduces the sentence for a misdemeanor from one year to 364 days.
● Part 1
o Establishes short title “ child-parent security act” and provides definitions for terms
including, but not limited to, “assisted reproductive technology,” “collaborative
reproduction,” “payment,” “gestational carrier” and “intended parent”
● Part 2
o Develops a Judgment of parentage process (assisted reproduction, pursuant to a gestational
carrier arrangement, and intended parents who are spouses).
● Section 1 gives primary jurisdiction to this office to investigate and prosecute “any case in which
the death of an unarmed civilian is caused by a police office in the performance of his or her
duties.” The AG would thus replace local district attorneys in the prosecution of these cases, and
the section further provides that the costs of such investigation and prosecution would be a charge
upon the county. Essentially, the section enacts into law the previous executive order issued by the
Executive in this area.
● Section 2 mandates every police department, county sheriff, and the state police to report to the
DCJS, on forms prescribed by the division, every incident in which a police officer discharges a
firearm “in the direction of another person” or where the officer’s actions result in the death or
serious bodily injury of another person.
● Section 3 amends the Executive Law to authorize the Municipal Police Training Council to establish
a “model law enforcement use of force policy” suitable to be adopted by all law enforcement
agencies in the State. All law enforcement agencies are directed to implement a use of force policy,
which is consistent with the policy established by the Council, provided the department may adopt
a policy which is stricter than that of the Council.
PART A – Amends the Education Law and makes changes to authorize school aid and implement
education-related programs
Contracts for Excellence: Requires school districts who submitted a contract for excellence in the
2018-2019 school year to submit a contract for the 2019-2020 school year and to provide for an
expenditure of an amount not less than the amount approved by the Commissioner for the previous
year unless all schools in the district and in “good standing”.
School Equity Funding: Increases the time frames for school districts to submit and for the Division
of Budget (DOB) and the Commissioner to review and determine completeness of the statement of
total funding allocation; and requires school districts to dedicate a portion of their annual
Foundation Aid increase to any of their neediest schools that are not already equitably funded, based
on a plan submitted to and approved by the State Education Department (SED).
Foundation Aid and Community Schools: Increases Foundation Aid by $338 million, including
an additional $50 million for Community Schools, bringing the total investment in Community
Schools to $250 million. The Community Schools increase is targeted to school districts with failing
and persistently failing schools as well as districts with significant growth in English language
learners. Additionally, the Executive Budget increases the minimum Community Schools set-aside
amount from $75,000 to $100,000.
School Aid Growth Cap: Bases the School Aid Growth Cap on 10-year average annual income
growth instead of annual income growth. This change is intended to reduce the volatility of the
Growth Cap and improve its accuracy as a predictor of the State’s underlying fiscal capacity.
Expense-Based Aid Reforms: Creates a new tier of Building Aid for newly approved projects and
to consolidate several other aids into a single category that will grow based on inflation and
enrollment.
Mayoral Control of New York City Schools: Extends mayoral control of the New York City
School District for an additional three years (through the 2021-22 school year).
Annual Professional Performance Reviews: Reforms the teacher evaluation system so that
schools will not be required to use a State test as the measure of student performance and instead
will be able to locally select what assessments of student learning are the best way to measure
growth.
PART B - Allow Public Accounting Firms to have Minority Ownership by individuals who are
not Certified Public Accountants (CPA)
Authorizes public accounting firms to incorporate in New York State with minority ownership by
individuals who are not CPAs provided that the words, “Certified Public Accountant” or the
abbreviation, “CPA” do not appear in the firm’s name.
Authorizes school districts to enter into contracts with third parties for the installation and
administration, operation, notice of processing, and maintenance of school bus stop-arm cameras.
No costs associated with the installation, maintenance, administration and purchasing and/or leasing
of cameras will be eligible for state aid, however, fines paid by violators will go to the districts.
Districts may enter in memorandums of understanding with local law enforcement to share a portion
of the fines collected provided such share does not exceed more the 20 percent of the total fines
collected.
Fees for violations are increased from:
o $250-$400 to $500-$700 for a first offence
o $600-$750 to $1000 to $1250 for a second offence that occurs within three years of the
first
o $750-$1000 to $1250-$1500 for a third offence that occurs within three years of the
second.
Provides Tuition Assistance Program (TAP) awards to students without lawful immigration status
who meet the following criteria:
o The student must have attended a registered New York State high school for two or more
years, graduated from such high school and applied for attendance to an undergraduate
program at a New York State institution of higher education within 5 years of receiving
their diploma; or attended an approved general equivalency program, received a general
equivalency diploma (GED) and applied for attendance to an undergraduate program at
a New York State institution of higher education within 5 years of receiving their
diploma;
o A student without lawful immigration status shall also be required to file an affidavit
with the college stating that such student has filed an application for legalization of his
or her immigration status or will file as soon as he or she is eligible to do so.
o Provides Graduate Tuition Assistance Program (TAP) awards under the same criteria for
undergraduate awards except that the student must apply to graduate school within ten
years of receiving a high school diploma or GED.
Extends all other criteria, exemptions or opportunities found within the education law pertaining to
citizen students to those students without lawful immigration status such as:
o Waiving residency requirements for TAP for members, spouses or dependents of a
member of the armed forces.
o Allowing currently enrolled college students who do not have New York State residence
to claim their college’s location as their residence for geographic eligibility.
o Provides that students without lawful immigration status shall be eligible for any
scholarship in Articles 13 or 14 of the education law. These include the Excelsior
scholarship, an Enhanced Tuition Award, regents scholarships and any other named
scholarship program such as the New York State Memorial Scholarship, Flight 587
Requires for-profit degree granting and non-degree granting colleges to meet minimum
performance standards to participate in State supported student financial aid programs and to enroll
students.
o Requires proprietary schools to report their funding sources and demonstrate that they
are not receiving more than 80 percent of their revenue from “limited revenue sources.”
“Limited revenue sources” are taxpayer funded sources including revenue
derived from: (a) the tuition assistance program (TAP); (b) the Enhanced
Tuition Award (ETA) program; (c) all federal student loan and grant programs;
and, (d) any other local, state or federal government loan, grant or scholarship
program utilized to pay tuition, fees, room and board, or other costs of
attendance on behalf of students.
o Requires the submission of a detailed financial statement including types of revenues
and expenditures and a listing of total individual compensation certified by a Certified
Public Accountant and the President of the institution.
o Prohibits senior staff or board members from serving on the board of any accreditation
agency or association that accredits such proprietary school.
o Requires that at least 50 percent of annual expenditures be in the area of student
instruction.
Failure to comply with the provision of this act would ultimately lead to a loss of TAP and
ETA funds and a revocation of the institutions authority to enroll new students.
Establishes the Arts Capital Grants Fund held in the custody of the State Comptroller and the
Commissioner of Taxation and Finance.
Amends the finance law to repurpose an arts capital revolving loan fund into a capital grants fund.
Such fund will continue to be used by the New York State Council on the Arts (NYSCA) to provide
capital grants to small-sized, not-for-profit arts organizations as opposed to granting loans to such
organizations.
PART G – Sweeps the Reserves of the Mortgage Insurance Fund to Provide State Funding for
the Neighborhood and Rural Preservation Programs
Sweeps $12 million projected to be available in excess Mortgage Insurance Fund (MIF) reserves to
Provide State Funding for the Neighborhood and Rural Preservation Programs.
The MIF, is a fund of the State of New York Mortgage Agency (SONYMA), created in 1978 to
insure mortgage loans for projects that would not otherwise be able to obtain mortgage insurance.
Its purpose is to encourage commercial and public investment of mortgage capital and to increase
the supply of affordable housing in New York State.
A similar sweep was done of these reserves in the FY 2019 Budget, to provide state funding for
community development and other programs.
The Neighborhood and Rural Preservation Programs, are community based housing organizations,
established to provide various housing related services for low- and moderate-income populations.
Amends child-care inspection, training and background clearance requirements to comply with the
federal Child Care and Development Block Grant Act of 2014 (CCDBG) and ease administrative
burdens for child-care providers.
Mandates expanded background clearances for licensed and registered child-care providers
including:
o FBI criminal background checks;
o New York State and national sex offender registries; and the child abuse and neglect
registry, and;
o State criminal records for any state the provider has lived in within the last five years.
The current clearances through the New York State criminal history and Statewide Central register
of Child Abuse and Maltreatment (SCR) will still be required.
Requires enrolled legally-exempt providers, except those exempted under federal law by being
related to all children receiving care, to receive the same background clearance checks as licensed
and registered child day care providers.
Requires that licensed and registered providers, as well as legally exempt providers that are not
relative legally exempt providers, be inspected at least once a year.
Makes other conforming changes to be consistent with the federal requirements.
PART H – Authorizes compliance with Child Care Development Block Grant (CCDBG) health
and safety requirements
Amends current law to comply with the new Federal requirements of the Child Care and
Development Block Grant (CCDGB) such as criminal background checks and provisions for legally
exempt providers.
Authorizes State and FBI criminal background checks for current and prospective employees of
programs that provide residential foster care services.
Authorizes OCFS to provide background clearance information to entities in other states that certify,
license, or provide approval to residential foster care programs when they seek clearance from the
Statewide Central Register of Child Abuse and Maltreatment (SCR) for a person who is employed
or seeking employment in such program.
Requires SCR clearances for all individuals employed in residential foster care without regard to
regular and substantial contact with children.
PART J – Remove certain requirements for Domestic Violence Victims seeking Shelter in a
Domestic Violence Shelter
Removes the requirement that domestic violence victim seeking shelter apply for Public Assistance
(PA).
Eliminates the requirement that domestic violence shelters require payment for victims with
sufficient resources.
Eliminates the Family Court’s option to detain youth who alleged to be a PINs.
Limits the Family Court’s ability to order residential foster care placement at the disposition of a
PINs proceeding to only the case where the youth meets the definition of a “sexually-exploited
child.”
PART L – Authorizes the pass-through of any federal Cost of Living Adjustment in relation to
Supplemental Security Income (SSI) which becomes effective on or after January 1, 2010
Establishes specific amounts for the monthly Personal Needs Allowance (PNA) and the monthly
standard of need for SSI recipients in various living arrangements in the Social Services Law. The
federal SSI benefit amount is increased annually, through a cost of living adjustment (COLA), and
State Law must be amended accordingly to ensure accurate payments are made.
Sets forth the actual dollar amounts for the 2019 PNA and the standard of need for eligibility and
payment of additional State payments. It also authorizes those amounts to be automatically
increased by the percentage of any federal SSI COLA which becomes effective within the first six
months of the calendar year 2020.
Subpart A
o Authorizes the Office of Children and Family Service to appoint a temporary operator
for a foster care program
Subpart B
o Extends temporary operator provisions for emergency shelters for homeless persons for
three years.
PART N – Authorize time-limited job try-outs as an eligible work activity for Public Assistance
recipients
Establishes a time-limited, job try-out opportunities program with private for-profit, non-profit or
public sector entities and authorizes districts to assign Public Assistance (PA) recipients to such
program to satisfy PA work requirements. Such opportunities are limited to a 90-day timeframe and
would likely lead to unsubsidized full-time or part-time employment after the 90 period.
PART P - Reduces penalties for unemployment insurance recipient working part time
Prohibits an employer or employment agency from relying on, or inquiring about salary history
information, as a determining factor in employment.
Expands pay equity provisions to include equal pay for substantially similar work and performed
under similar work conditions, for all protected classes.
PART R – Adds the Term Gender Identity or Expression to the State’s Anti-Discrimination Laws
Amends sections 291, 292, 295, 296, 296-a, and 296-b of the executive law (the state human rights
law), section 40-c of the civil rights law, and section 313 of the education law, to add the terms
gender identity or expression to the protected classes of age, race, creed, color, national origin,
sexual orientation, military status, sex, marital status, or disability.
Defines "Gender identity or expression" to mean “a person's actual or perceived gender-related
identity, appearance, behavior, expression, or other gender-related characteristic, regardless of the
sex assigned to that person at birth, including, but not limited to, the status of being transgender.”
Adds “gender identity or expression” in the penal law sections for hate crimes and offenses against
public order, and define the term as indicated above within these crimes.
Extends the Human Rights Law’s anti-discrimination provisions, which afford protection against
discrimination, harassment, and bullying for members of protected groups, to public educational
institutions.
Limits the amount that a landlord may charge a tenant at the beginning of a tenancy, to no more
than two months’ rent, including the first month’s rent.
Adds that judicial interpretations of similarly worded provisions of federal civil rights laws,
establish a floor for interpretations of Human Rights Law, rather than a ceiling.
Clarifies that harassment is not limited to actions that are severe and pervasive.
Mandates language in non-disclosure agreements in employment contracts after January 1, 2020.
Provides for the creation of a sexual harassment prevention poster to be conspicuously posted by
employers.
PART W – Prohibits Entities From Charging for Veterans Services, Except as Permitted under
United States Department of Veterans’ Affairs standards
Amends the General Business Law to prohibit any entity from receiving compensation for helping
veterans and their dependents prepare a claim, except as permitted under United States Department
of Veterans’ Affairs (USDVA) standards.
Prohibits charging unreasonable fees for services where the USDVA permits fees, and would ban
pledging that an individual will receive a specific amount of veterans’ benefits money.
Requires any entity offering these services to veterans and their dependents for a fee, to inform their
customers that the New York State Division of Veterans’ Affairs (DVA) and their county Veterans
Service Agencies, can provide them free services regarding veterans’ benefits.
Prohibits physicians, physician assistants, specialist assistants and mental health professionals from
engaging in the practice of conversion therapy with any patient under the age of 18 by mandating
such practice be considered professional misconduct.
Provides for the extension of rent regulation beyond the expiration date of June 15, 2019.
Mandates reforms to the current system, including ending vacancy decontrol, amending preferential
rent, and limiting capital improvement changes.
Directs the Commissioner of NYS Housing and Community Renewal to deliver a report on rent
regulation to the Governor by March 1, 2019.
Carves out the transportation benefit from the Managed Long-Term Care benefit package. (The
benefit to be provided using the State’s Transportation Manager) and excludes the Program of All-
Inclusive Care for the Elderly (PACE) plans from such carve out.
Eliminates the supplemental payment to Emergency Medical Transportation Providers (savings to
be reinvested in higher rates)
Eliminates the supplemental payment to rural transportation networks.
Proposes an increase in Medicaid co-payment from $0.50 to $1 for drugs dispensed without a
prescription.
Eliminates prescriber prevails
Extends Medicaid Drug Cap through 2021.
Reduces costs to the Medicaid program by limiting payment to Pharmacy Benefit Managers
(PBMs) for pharmacy benefit management services. Such payments shall include the actual
ingredient costs, a dispensing fee, and an administrative fee for each claim processed. Such
maximum administrative fees shall be established by the Department of Health.
Extends evidenced- based prevention and support services recognized by the federal Center for
Disease Control (CDC), provided by a community- based organization, and designed to prevent
diabetes from individuals who are at risk.
Aligns Medicaid and Medicare payments for dual eligible members. Limits Medicaid payment of
Medicare Part B deductibles to no more that the amount that Medicaid would pay for a service to
a non-dual eligible Medicaid member.
Aligns Medicaid payments for Medicare Part B coinsurance for ambulance and psychologist
services by limiting the Medicaid payment to not exceed the amount that would usually be paid
for a non-dual eligible member.
PART E– Extends various provisions of the Public Health and Social Service Laws
Extends the NYS Medical Care Facility Act, which provides flexibility in contracting for goods
and services by State-operated hospitals for six years.
PART F– Extends the Physicians Excess Medical Malpractice Program for one year
Requires a responsible relative with sufficient income and resources residing with an applicant for
Medicaid to contribute to such individuals’ cost of coverage.
Consolidates Fiscal Intermediaries, which provide payroll and general administrative services for
the Consumer Directed Personal Assistance Program.
Eliminates the annual State only grant to non-major public academic medical centers. (provided
as assistance during the rate reforms in the FY10 budget)
Authorizes the Department of Health, the Office of Mental Health, the Office of People with
Developmental Disabilities and the Office of Alcoholism and Substance abuse services to waive
any regulatory requirements for providers involved with DSRIP projects to avoid duplication of
requirements.
Authorizes the Department of Health to use discretion regarding the hospital inpatient psychiatric
payment methodology to simplify the calculation of the payment rate and allow alternatives to the
All Patients Redefined Diagnosis related Group (DRG) classification system.
Incentivizes the provision of preventative care to reduce preventable event and overall patient
costs by reducing rates and payments to facilities with a higher percentage of potentially avoidable
inpatient services. A portion of the savings shall be reinvested in initiatives and incentives for
preventative care, maternity care, and other ambulatory services.
PART J– Amends Insurance law provisions related to the Affordable Care Act (ACA)
Subpart A
o Provides provisions for small group coverage to include large group coverage and requires
health insurers to offer and accept coverage for all employers in the State.
o Prohibits insurers from imposing any pre-existing condition exclusions
o Prohibits minimum participation requirements for comprehensive group coverage
o Requires newly issued health insurance coverage to Employer Welfare Funds after June 1,
2019 to comply with the requirements of the insurance law.
Subpart B
o Makes technical amendments to remove references to the ACA
o Authorizes the Superintendent of the Department of Financial Services to designate, in
regulation, other preventive care and screenings that are consistent with current or previous
recommendations to be provided without cost-sharing.
o Eliminates the annual dollar amount limit of two thousand five hundred dollars for enteral
formulas.
o Establishes Essential health benefits package levels and limits cost-sharing.
Subpart C
o Prohibits a policy delivered or issued for delivery, in this State that provides hospital,
surgical, or medical expense coverage to limit or exclude coverage for abortions that are
medically necessary.
PART K– Extends enhanced rates of the Medical Indemnity Fund (MIF) and transfers
administration from the Department of Financial Services (DFS) to the Department of Health
(DOH)
PART L– Requires insurance policies to provide coverage for medically necessary fertility
preservation and large group insurance policies to provide coverage for in vitro fertilization
Requires every large group, small group, and individual policy issued or delivered in the State to
provide:
o Coverage for standard fertility preservation services when a medical treatment may directly
or indirectly cause iatrogenic infertility (iatrogenic infertility caused by surgery, radiation,
chemotherapy or other medical treatment affecting reproductive organs or processes)
o Coverage for three cycles of in-vitro fertilization used in treatment of infertility
o Prohibits discrimination against an insured individual seeking such treatment.
PART N– Establishes a commission to evaluate options for achieving universal access to high
quality, affordable health care in New York
Establishes a Universal Access Commission to evaluate options for achieving universal access to
health care.
Requires a report to the Governor by December 1, 2019.
PART O– Reduce the Department of Health’s General Public Health Work (GPHW)
Program reimbursement to New York City from thirty-six percent to twenty percent
Reduces the GPHW program reimbursement rate for non-emergent expenditures above the base
grant for New York City from 36 percent to 20 percent.
PART P– Lower blood lead levels and establish lead based paint standards
Requires the Commissioner to promulgate rules and regulations establishing a minimum standard
for the maintenance of lead safe residential properties to include, but not be limited to, minimum
standards for maintaining internal and external painted surfaces that contain lead-based paint and
a schedule by which owners of residential rental property must implement and comply with such
standards.
Establishes a presumption that if original construction was prior to January 1, 1978, the structure
contains lead based paint.
Provides authority to local housing code enforcement officers for implementation.
Provides that presumption of containing lead based paint may be overcome by a certification
issued by a federally certified lead-based paint inspector or risk assessor, that the property has
been determined to not contain lead based paint.
Authorizes penalties if there is non-compliance with provisions. Such penalties include the
authority to order the abatement of any lead condition present at such property and assess fines
not to exceed two thousand dollars for each violation.
Authorizes the Department of Health to award up to $300 million, made available under the
Statewide III Healthcare Facility Transformation Program to applications that were previously
submitted, but unfunded under the Statewide II Health Care Facility Transformation Program.
Establishes the Maternal Mortality Review Board, within the Department of Health, for the
purpose of reviewing and assessing the cause of death and factors leading to each death to reduce
Removes regulations regarding abortion from the State’s penal code, certain sections of the public
health law, and education law.
PART U–Establishes an Optional Private Pay Model in the State Office of the Aging (SOFA)
Authorizes the Director of the State Office of the Aging (SOFA) to implement private pay
protocols for all programs administered by the office. Local Area Agencies on Aging may
implement such protocols at their option.
Requires that private payments supplement, not supplant funds by the State.
Requires payments to support and enhance services or programs provided by the Area Agency on
Aging.
Prohibits cost-sharing for individuals below four hundred percent of the poverty level and for
individuals receiving services that they were receiving at the time the protocols were implemented.
Creates authorization for the OMIG to recover overpayments and to insure program integrity
within the Medicaid Managed Care and Managed Long Term Care Programs
Clarifies that payments made by a Managed Care Organization (MCO) under the Medicaid
Managed Care program are Medicaid payments, and would be subject to oversight and recovery.
Authorizes imposition of penalties in the case of fraud or abuse where otherwise authorized by
law.
Requires the OMIG to conduct periodic Medicaid Program Integrity Reviews. If the OMIG
determines that a managed care provider has not met their program integrity obligations, the
OMIG may recover from the managed care provider up to two percent of the Medicaid premiums
paid for the review period.
Provides that if a Managed Care Organization’s compliance program meets federal requirements,
they shall be deemed in compliance with the State requirements.
Requires Home Care Services workers to obtain a National Identifier (NPI) number from the
National Provider Plan and Provider Enumeration System (NPPES)
Authorizes the State to have the right to recover overpayments from the subcontractors, providers,
Managed Care Provider, or Managed Long Term Care Provider. If the State is unsuccessful in
recovering the medical assistance overpayment from the subcontract or provider the OMIG may
require the managed care provider or managed long term care provider to recover the medical
assistance overpayment.
PART W– Extends provisions for the Office of Mental Health to continue to recover Medicaid
exempt income from providers of community residences
Extends the Office of Mental Health authority to recover Medicaid exempt income from providers
of community residences and family based providers licensed by OMH, consistent with the
contractual obligation of such providers.
Eliminates duplicative license requirement for providers of integrated services under the oversight
of the Department of Health, Office of Mental Hygiene and Offices of Alcohol and Substance
Abuse.
PART AA– Jurisdictional Changes to Eliminate Oversight of Article 28 Hospital and DOH
Summer Camps
Eliminates the Justice Center’s oversight of Article 28 Hospitals and Department of Health
Summer Camps.
Subpart A
o Prohibits pre-authorization and concurrent review of Substance Use Disorders (SUD)
services during the initial 21 days of treatment.
o Prohibits pre-authorization and concurrent review of inpatient psychiatric services for
youth services during the initial 14 days of treatment.
o Prohibits multiple co-payments per day and requiring behavioral health copayment to be
equal to a copayment for a primary care office visit.
o Prohibits prior authorization for medication assisted treatment (MAT)
o Prohibits insurers from retaliating against a provider that reports an insurance law violation
to State agencies.
o Authorizes OMH to review and approve clinical review criteria.
Subpart B
o Requires Emergency Departments to develop policies and procedures to provide
medication assisted- treatment (MAT) prior to patient discharges.
Subpart C
o Requires Emergency Department practitioners to check the Prescription monitoring
program registry (PMP) prior to dispensing a controlled substance.
Subpart D
o Requires coverage for court ordered treatment for substance use disorders.
Subpart E
o Amends the schedule of controlled substances to include fentanyl analogs.
o Authorizes the commissioner to classify, by regulation a Schedule I controlled substance
from any substance listed in Schedule I of the federal schedules of controlled substances
in 21 USB §813 or 21 CFR §1308.11.
PART A – Defines the authority of the Dormitory Authority of the State of New York relating to
its Succession to NYS Medical Care Facilities Finance Agency and the Facilities Development
Corporation
Extensively defines the terms of succession, that were established in Chapter 83 of 1995, where the
Dormitory Authority of the State of New York (DASNY) was empowered to take over the powers
and duties of the NYS Medical Care Facilities Finance Agency and the Facilities Development
Corporation in the financing of health care projects in New York State.
PART B – Removes the Sunset Date from the Authorization of Dormitory Authority of the State
of New York to Enter into Certain Design and Construction Management Agreements
Authorizes the Dormitory Authority of the State of New York (DASNY) to enter into design and
construction management agreements with the Department of Environmental Conservation (DEC)
and the Office of Parks, Recreation and Historic Preservation (OPRHP) permanent. Presently, this
authority is scheduled to expire on April 1, 2019.
PART C – Authorizes a subsidiary of the Dormitory Authority of the State of New York (DASNY)
to sell, exchange, transfer, lease and convey real property located in Brooklyn, New York
Authorizes the Atlantic Avenue Healthcare Property Holding Corporation (a subsidiary of DASNY)
to sell, exchange, transfer, lease and convey certain real property, located at 483-503 Herkimer
Street, 1028-1038 Broadway, 528 Prospect Place and/or 1366 East New York Avenue, all in
Brooklyn, New York, for the purpose of advancing the Vital Brooklyn Initiative, as may be directed
by the commissioner of the NYS Division of Homes and Community Renewal, consistent with, and
pursuant to, a plan to increase access and quality of health care services and to create affordable
housing, so as to transform the Central Brooklyn region.
PART D – Removes the Sunset Date from the Infrastructure Investment Act of 2011 and Expands
the Authorized Entities that May Utilize Design-Build Contracts
Makes the Infrastructure Investment Act of 2011 permanent. This act, which authorizes the
Dormitory Authority of the State of New York (DASNY) to award a contract to a single entity for
both the design and construction (design-build) aspects of a project in order to optimize quality,
cost and efficiency, would expire on April 13, 2019.
Adds the New York State Urban Development Corporation (UDC – also doing business as the
Empire State Development Corporation ), the New York State Office of General Services (OGS),
the New York State Department of Health (DOH), and the New York State Olympic Regional
PART E – Eliminate the sunset applicable to the waste tire management and recycling fee
Makes permanent the waste tire management and recycling fee which currently sunsets on
December 31, 2019.
The fee is $2.50 which is collected on each new tire sold – revenue from this fee is used to regulate
waste tire storage facilities and abatement of non-compliant waste tire stockpiles.
Expands the types of beverage containers subject to deposit requirements by adding: sports drinks,
energy drinks, juices and ready to drink teas and coffees.
Wine and liquor containers would not be included.
Clarifies that small stores may limit the number of containers accepted for redemption to 72 per
person, per day, without conditions.
Projected revenue: Additional $20 million.
PART G – Provide the Department of Environmental Conservation (DEC) with the authorization
to accept gifts and enter into private-public partnerships
Authorizes DEC to solicit funds or gifts, as well as enter into partnerships with private entities.
Establishes an appropriation within DEC’s state operating budget to accept and spend these funds
– currently Environmental Conservation Law does not provide DEC with this explicit authorization.
The goal of this legislation is to enhance DEC’s ability to leverage private funding.
Prohibits the leasing of state lands, disallow condemnation of lands by corporations and prohibit
the transport of oil or natural gas from the North Atlantic Planning Area.
Petroleum bearing vessels would be banned from carrying crude from the North Atlantic Planning
Area through navigable waters of NYS.
Current law states DEC is required to hold a public hearing upon completion of tentative freshwater
wetlands mapping or tidal wetlands mapping. The notification of the hearing is required to be mailed
to each owner of land designated as wetlands and the chief administrative officer of each
municipality impacted by the boundary change. This bill would allow the notices to be sent by
standard mail instead of the current requirement of certified mail.
Requires manufacturers of certain consumer and personal care products to disclose information
related to the human health and environmental effects of chemicals in such products and to authorize
the Department of Environmental Conservation (DEC or
Department) to establish standards for the labeling of consumer products. Enacts the “Consumer
Chemical Awareness Act,” (CCAA) to provide consumers with real time access to product
ingredient information so consumers can make informed decisions about which products to buy and
use.
Allows DEC, in consultation with the Department of Health and Department of State, to establish
standards governing the labeling of consumer products in order to inform and warn consumers of
the ingredients in these products including any carcinogen, mutagen, endocrine disruptor or other
chemicals of concern identified by the Department.
Authorizes the DEC Commissioner to require manufacturers of consumer products distributed, sold
or offered for sale in New York to furnish information concerning the effects of their products on
human health and the environment. This information would be made publicly available with the
exception of confidential business information. The Commissioner would also be authorized to
establish a public education program on the information collected from manufacturers.
Amends the Public Health Law (PHL) to add a new article 48-a titled Regulation of Personal Care
Products. This new article would require manufacturers of personal care products that are
distributed, sold or offered for sale in New York State to furnish to the Commissioner of Health,
and post on the manufacturer’s website, information regarding personal care products.
Expands the authority of the Superintendent of the Department of Financial Services, to allow the
Superintendent to regulate the Servicers of Student Loans.
The Student Loan Servicers proposed to be regulated under this new Article XIV-A of the banking
law, would not include banking organizations, savings and loans, credit unions or trust companies,
who are presently, already regulated under the banking law.
Extends the testing authorization for autonomous vehicles (self driving cars and trucks) for an
additional two years (until April 1, 2021).
Removes the sunset for the DMV report on such vehicles (June 1, 2019) to make such an annual
requirement.
Repeals the prohibition that an individual must maintain their hands or a prosthetic device on the
steering mechanism as of April 1, 2021.
Extends the ignition interlock program for those convicted of Driving while Intoxicated offenses
until 2021.
Extends the Mandatory State Surcharges on motor vehicle infractions for an additional two years
until September 1, 2021.
Authorizes counties, cities, towns or villages to pass an ordinance to permit the use of certain
motorized scooters and bicycles within their jurisdiction. These vehicles must be operated by an
individual 16 years or older, may not carry any passenger other than the operator, may operate on
roadways with a posted speed limit of 30 miles per hour or less, and must obey all vehicle and traffic
laws applicable to the operation of a motor vehicle.
PART Q – Places responsibility for mailing a copy of service of process on plaintiffs rather than
the Department of State (DOS)
Amends the procedure for service of process through the Secretary of State by requiring plaintiffs
to directly mail a copy to defendants. This is a role the Department of State has maintained since
the 1840s to allow plaintiffs to serve corporations with certainty, and to allow corporations, through
their registering agency, to receive proper notice of legal action against them. Despite the fact that
corporations are one of the largest sources of tax revenue, this proposal would remove this
protection based upon the argument that it would remove an administrative burden to the State.
PART R - Extends for one year the authority of the Secretary of State to charge increased fees
for expedited handling of documents
Extends for one year the ability of the Department of State to charge additional fees for expedited
and special handling of documents. Current authority expires March 31, 2019. This authority has
been extended continually since 2003.
Authorizes the Department of Transportation (DOT) to charge fiber optic utilities for the use and
occupancy of the right away of any state highway. This proposal would further prohibit such fiber
optic utility from passing on this fee, so charged by DOT, to any person or entity that contracts with
such fiber optic utility for service. Although this proposal would exempt any fiber optic utility that
receives a state grant award through the New NY Broadband Program, from being charged this fee,
it would also provide a significant disincentive for any such utility to expand and run fiber optic
cable, if such utility does not receive such a New NY Broadband Program grant award.
Expands and increases new safety measures for limousines, buses, and livery vehicles, as follows:
o Provides that any person who knowingly and willfully violates an out-of-service order as
provided for in the department of transportation's safety rules and regulations, or who
knowingly and willfully removes an out-of-service sticker from a commercial motor vehicle
shall be guilty of a class D felony.
o Provides that any person, corporation, or other business entity, or any officer or agent
thereof, who knowingly allows, requires or authorizes any person to operate a commercial
motor vehicle that has been placed out-of-service, shall also be guilty of a class D felony.
o Requires the Commissioner of Motor Vehicles to suspend the registration of all motor
vehicles owned or operated by a person, who has been found to have vehicles that been
placed out-of-service, with the exception of private passenger automobiles, until such time
as the commissioner may give notice that the violation has been satisfactorily adjusted.
o Authorizes the Commissioner of Motor Vehicles to direct any police officer to secure
possession of the vehicle plates of any commercial vehicle placed out of service, with the
failure of the holder, or person possessing the plates, to such police officer who requests the
same, constituting a class A misdemeanor.
o Authorizes the Commissioner of Transportation to take dangerous vehicles and operators off
the road in a timely manner.
o Creates a new D-Felony criminal offense of tampering with Tampering with a federal motor
vehicle safety standard certification label, for the unauthorized removal or counterfeiting of
such a label.
o Establishes a new $120 fee on inspections of for-profit buses, limousines, and other livery
vehicles under the jurisdiction of the Department of Transportation, in order to provide more
through and complete inspections in accordance to section 140 of the transportation law
o Provides that the commissioner of the Department of Motor vehicles shall not register any
motor vehicle that has been altered, and commonly referred to as a "stretch limousine",
so as to add seating capacity beyond that provided by the original manufacturer by way
of an extended chassis, lengthened wheel base, or an elongated seating area, and in the case
of a truck, has been modified to transport passengers.
PART U – Provides For a New Cable Television Assessment to Fund Health Campaigns and
Utility Oversight Related Expenditures of Certain State Agencies
Establishes a new cable television assessment to fund certain health campaigns conducted by the
Department of Health, as well as utility related oversight expenses of the Office of Parks, Recreation
and Historic Preservation, the Department of Agriculture and Markets, the Department of
Environmental Conservation, and the Department of State.
Prohibits state agencies from entering into contracts with internet service providers who do not
observe principles of “net neutrality.”
Providers can not “block, throttle, or prioritize internet content or applications” or offer higher rates
for specific content or applications.
PART W – Authorize the NYSERDA to finance a portion of its energy research, development
and demonstration program, and its energy policy and planning program, as well as the
Department of Environmental Conservation’s climate change program and the Department of
Agriculture and Markets’ Fuel NY program, from an assessment on gas and electric corporations
Authorizes NYSERDA to directly receive assessment revenue from a special assessment on gas
and electric corporations for expenditures related to the energy research, development and
demonstration program, local grants, the policy and planning programs, and the Fuel NY program.
Establishes the Climate Action Council which would be charged with developing a roadmap
outlining recommendations to put the state on a path to carbon neutrality economy-wide
o Roadmap would be aimed at reducing of greenhouse gas emissions of 40 percent by 2030
and 80 percent by 2050, from 1990 levels.
100 percent of state’s electricity demand is supplied from clean energy by 2040.
Extends for one year the New York State Urban Development Corporation's (UDC) authority to
administer the Empire State Economic Development Fund (EDF). UDC's authority to administer
the EDF is set to expire on July 1, 2019. This authorization has been annually renewed the past
several years.
PART Z – Extends the general loan powers of the New York State Urban Development
Corporation
Extends for one year the general loan powers of the UDC. UDC’s general loan powers are set to
expire on July 1, 2019. This authorization has been annually renewed the past several years.
PART AA – Reauthorizes and extends the provisions of law relating to participation by minority
and women-owned business enterprises in state contracts and expands upon those provisions
based upon the findings of the 2016 Disparity Study
Extends for five years until 2024 Article 15-A of the Executive Law authorizing the Department of
Economic Development’s Division of Minority and Women’s Business Development to promote
employment and business opportunities on state contracts for minority and women-owned
businesses (MWBE). The Division’s authority and the requirements of the MWBE program are set
to expire on December 31, 2019.
Makes a number of significant programmatic amendments to MWBE requirements Article 15-A of
the Executive Law, including:
o Creates a new criminal offense of MWBE Fraud when a person “knowingly provides
materially false information or omits material information” in order to be awarded a State
contract or demonstrate compliance with MWBE participation requirements. This new
crime would be punishable as a class E felony if the State contact is worth more than $50,000
and a class D felony if the State contract is worth more than $1M.
o Expands MWBE program requirements to include all municipalities on contracts let with
State dollars, and requires units of local government subject to Article 15-A to set MWBE
goals on contracts and submit reports to the Division;
o Creates a new “Workforce Diversity Program” to develop “aspirational goals” for the
utilization of minority group members and women in each construction trade, profession and
occupation;
o Authorizes the Division to set the “personal net worth” requirement for MWBE certification
via regulation;
o Expands the authority of the Statewide MWBE Advocate to audit agencies and investigate
complaints from MWBEs by State agencies and contractors; and
o Amends various statutory dollar amount thresholds on contracts subject to MWBE
participation requirements.
Creates a congestion tolling program for all vehicles entering Manhattan south of 60th street,
excluding FDR Drive. This proposed program would be created and administered by the
Triborough Bridge and Tunnel Authority (TBTA), a subsidiary of the MTA, with all proceeds to be
placed in a dedicated fund. The TBTA would be provided sole authority to determine the amount
of the fee. It is projected that entry bridges and tunnels would have that portion of their bridge or
tunnel fee, credited toward the payment of the congestion toll amount.
PART CC - Re-Authorizes and Expands the New York City School Zone Speed Enforcement
Camera program
Re-authorizes and expands the NYC school zone speed enforcement cameras program. This
program, originally established in 2013, now would expire July 1, 2022. The previous statutory
program expired on August 30, 2018, allowed for a speed camera to be placed one quarter of a mile
(1320 feet) along a highway adjacent to a school. This new program would extend such placement
area to a radial area from any school, would also expand the number of cameras from 140 to 290.
It should be noted, that under this new proposal, the combination of the expansion of distance and
the number of cameras (together with the fact that NYC is only 302 square miles), would effectively
now allow for a camera to be placed anywhere, along any street, in New York City (as there is no
sector of any street that is not within a 1320 foot radial distance from a school).
PART DD – Restructures the Gateway Development Corporation into the Gateway Development
Commission
Establishes a new bi-state commission with the state of New Jersey to facilitate the Gateway Project.
Such project which would connect New York City to Newark, New Jersey via passenger rail line.
Presently, the project is being overseen by the Gateway Development Corporation, which is a not-
for-profit corporation established for such same purpose.
The transformation of the Gateway Development Corporation into a governmental entity
commission would help to promote federal funding, which would otherwise be unavailable. This
new Commission would be managed by a three member board, with one appointed by the
commissioner of the New York State Department of Transportation, one appointed by the board of
directors of the New Jersey Transit Corporation, and one appointed by Amtrak.
The purposes and powers of the Commission would be essentially the same as its predecessor
Corporation. As a bi-state Commission, this proposal would also require passage of these same
provisions into law by the state of New Jersey.
Provides sweeping, blanket authority to the MTA to assign, transfer, share, or consolidate any of its
powers or duties between or within itself or its numerous subsidiaries and affiliates. Under present
law, this proposed reorganization would require a resolution of the MTA board, adopted by a
majority of its members.
Sends all revenues raised by the Metropolitan Commuter Transportation District supplemental
taxes, surcharges and fees (taxi surcharges, supplemental license fees, supplemental registration
fees, supplemental taxes on passenger car rentals) directly to the MTA without appropriation,
Presently, all such revenues are directed to the Metropolitan Transportation Authority Aid Trust
Account, and then remitted to the MTA on a quarterly basis.
PART GG – Expands the New York City Bus Lane Enforcement Camera Program and Creates
a New Camera Enforcement Program
Eliminates the current 10-route cap for installation of bus lane automated enforcement cameras, and
allowing such cameras to be installed and used on all bus routes throughout NYC. Additionally,
the Executive further proposes authorizing the use of automated enforcement cameras, for "block-
the-box" violations, within the proposed congestion pricing zone, south of and including 60th street,
in Manhattan.
PART HH – Binding Arbitration for disputes between MTA and its labor representatives
Extends the expiration date, from July 1, 2019 to July 1, 2021, of the provisions of law authorizing
the oversight of binding arbitration between the Public Employment Relations Board (PERB) for
disputes between the MTA and its labor representatives.
PART II – Adds Transportation Workers to the List of Employees Protected By Higher Penalties
for Assault, and Creates a New Crime for Work Zone Intrusion
Amends the Penal Law and Vehicle and Traffic Law to increase penalties for assaults against
Airport Workers; Highway Workers; train and bus station customer assistants; train and bus ticket
collectors; train system, track, signal, yard, and station maintenance personnel; and motor vehicle
and motor carrier inspectors.
Present law, elevates penalties for assault against peace officers, police officers, prosecutors,
registered nurses, licensed practical nurses, public health sanitarians, sanitation enforcement agents,
New York city sanitation workers, firefighters, paramedics, emergency medical technicians, city
marshals, school crossing guards, and traffic enforcement officers and agents.
Establishes a new B-misdemeanor offense of active work zone intrusion, that prohibits any driver
or vehicle from entering or intruding into an active work zone except upon direction from a flag-
Provides customers of toll facilities that operate Electronic Tolling systems and deploy cashless
tolling facilities with certain statutorily enumerated information regarding the notification of tolls
and payment of tolls by mail. This proposal would thereby establish requirements for such toll
facilities to provide relevant information, notification and electronic communication, in an effort to
make toll-paying customers aware of their obligations in a more timely and transparent manner.
PART KK – Authorize the NYPA to provide energy related projects, programs and services to
any of its power customers, and to take actions necessary to develop electric vehicle charging
stations
Authorizes NYPA to engage in energy-related projects, programs and services with any of its power
customers, not just those customers who purchase power under currently authorized programs; and
provide energy supply services to public entities.
Provides NYPA with the authority to design, finance, develop, construct, install, lease, operate and
maintain electric vehicle charging stations throughout the state for use by the public.
Authorizes NYPA to offer energy management services to any of its customers, including state
agencies and municipalities.
PART LL – Amend the public authorities law, relating to the provisions of renewable power and
energy by the NYPA
Authorizes NYPA to develop renewable energy projects and procure and sell renewable products
to public entities, Community Choice Aggregation communities and NYPA customers.
PART MM – Establish a Parks, Recreation and Historic Preservation retail stores enterprise
fund and a golf enterprise fund
Establishes enterprise funds to properly classify the financial activities of retail stores and golf
courses operated by the Office of Parks, Recreation and Historic Preservation (OPRHP).
Park Retail Fund would include gift shops and camp stores – funds would be made available to
OPRHP for services and expenses relating to the operation of the retail stores.
Gold Course Fund would include all revenues collected from private entities and individuals for the
use of state-owner golf courses and any other miscellaneous fees – these funds would be made
available to OPRHP for services and expenses related to direct maintenance and operation of state-
owned golf courses.
Expands ORDA’s authority to enter into contracts or agreements in anticipation of the state hosting
the 2023 World University Games.
ORDA will have to enter into contracts that include indemnification provisions to cover losses
resulting from liabilities.
PART OO – Corrects a Map Point in the Highway Law for the State Air Train Project
Makes a correction in the Highway Law to correctly identify a Map Block Number (from 789 to
1789) for the state Air Train Project.
Removes the December 31, 2019 sunset date on section 29 of the tax law, so as to make the
mandates within such section regarding the e-filing of tax returns permanent.
PART B – Amends the Employee Training Investment Program (“ETIP”) in the Economic
Development Law to expand the definition of eligible training
Allows business entities to receive the tax credit associated with ETIP if they conduct training and
are otherwise eligible;
Expands the definition of the term "eligible training" to include an internship program in software
development or the development of renewable or clean energy; and
Eliminates the requirement that ETIP applicants procure training services from a third-party
provider to be eligible to receive tax credits.
PART C – Codifies the Federal Receipts Factor Rule for the Net Amount of Global Intangible
Low Taxed Income (“GILTI”) in State Law
Codifies in state law, for state tax purposes Section 951 A (a) of Internal Revenue Code that
requires GILTI, to be included in gross income. This proposal would provide that where GILTI is
taxable business income, it would be included in the business apportionment factor so as to reflect
the taxpayer’s business income and capital in the state.
PART D – Decouples the Internal Revenue Code Federal Basis for NYS Manufacturing Test
Decouples New York State Law from the Internal Revenue Code for federal adjusted basis on
property used to determine whether a manufacturer is a qualified New York manufacturer.
Presently, the test for determining whether a manufacturer is a qualified New York Manufacturer
(for purposes of the reduced corporate business income base tax rate, the reduced tax rate and cap
on the capital tax base, lower fixed dollar minimum tax amounts, and the manufacturer’s real
property tax credit) includes thresholds set at the amount of the taxpayer’s basis in its property in
New York State.
This present statutory test uses the federal adjusted basis of the taxpayer’s property in the state.
Recent federal law, however, has increased the limitation on the amount expended on property
that taxpayers may elect to treat as an expense under the Internal Revenue Code, thereby
potentially reducing the federal adjusted basis of such property.
As a result of this increased federal limitation, the basis amount used for purposes of the
manufacturing test may not accurately reflect the extent of the taxpayer’s ownership of
manufacturing property in New York State.
Amends Tax Law and New York City Administrative Code to now use the New York State
adjusted basis, instead of the federal adjusted basis.
Extends the sunset dates for the corporate and personal income tax credits for qualified employers
that employ individuals with developmental disabilities until January 1, 2023. Current law
provides for these tax credits to expire on expire January 1, 2020.
PART F – Extends the Three-Year Gift Addback Rule and Requires Binding NYS QTIP
Election
Amends the estate tax (sections 954 and 955 of the tax law) to require an executor to make a
qualified terminable interest property (QTIP) election on a decedent’s New York State estate tax
return in order to claim a marital deduction for such property passing to the decedent’s spouse,
whether or not a federal estate tax return was required to be filed.
Requires inclusion of the value of QTIP property remaining in the surviving spouse’s New York
estate if a previous marital deduction was allowed on a New York return with respect to the
transfer of such property to the spouse.
Extends to January 1, 2026 from January 1, 2019, the expiration of the requirement that gifts that
are taxable for federal gift tax purposes and that are made within three years of death are to be
added back when calculating the decedent’s New York gross estate.
Requiring marketplace providers to collect sales tax on all sales of tangible personal property
facilitated by the provider regardless whether the seller has nexus in New York.
Defines a marketplace provider as a person or entity, such as an internet website, that provides a
forum connecting the sellers of personal property with purchasers and facilitates more than $100
million in nationwide sales annually.
Requires sellers and marketplace providers who do not collect such sales tax to file information
returns with the Department of Taxation and Finance regarding sales of tangible personal property
delivered to purchasers in New York, and to provide an annual statement of purchase to each New
York purchaser who receives such purchases in the state.
Repeals the sales tax exemption on the transportation and delivery of gas and electricity sold
separately from the energy commodity when sold to commercial purchasers from energy service
companies (ESCOs).
Amends section 1204 (3) of the Real Property Tax Law to change the provision “five percentage
points” to “five percent” so as to require notice when a net disparity is five percent or more.
Provides that when the Commissioner of Taxation and Finance has confirmed the locally stated
level of assessment, he or she shall establish it as the final State equalization rate for the city, town
Authorizes local governments to provide real property tax assessment relief when a disaster is
declared without the State Legislature having to pass special legislation.
Authorizes counties and an assessing unit to agree that the local legislative body of a county may
appoint the members of the Board of Assessment Review to hear and resolve assessment
complaints within that assessing unit.
Authorizes the Tax Department to approve assessor and county director training courses for credit
without obliging the State to pay for the expenses of attendees, when the provider so requests.
Authorizes the Tax Department to send certain statutory notices by email and/or by a website
posting, rather than by postal mail.
Changes the valuation date and taxable status date for special franchise property to January first
of the prior year, so as to eliminate the need for mid-year reporting.
Requires electric generating facilities to annually report inventory, revenue, and expense data to
the Tax Department to assist the Department in valuing these highly complex properties.
Repeals certain tax cap compliance reporting requirements, that were left in place when the
obsolete tax freeze credit statutes were repealed in 2018. As the primary statutes have been
repealed, and have not been applicable for three years, such reporting requirement.
Creates a NYS Employer-Provided Child Care Credit to assist employers in providing quality
child care services to their employees. Section 45-F of the Internal Revenue Code allows a credit
for qualifying expenditures paid or incurred in providing child care alternatives for their
employees.
Provides a similar state tax credit for New York employers to provide child care for their
employees located in New York. This proposed credit would be equal to 25 percent of qualified
child care expenditures related to a child care facility located in New York, plus 10 percent of
qualified child care resources and referral expenditures, attributable to employees working in New
York, and, like the federal credit, would be capped at $150,000 per taxable year.
Under the provisions of this credit, qualified child care expenditures would include operating costs
of a qualified child care facility of the taxpayer or under contract with another taxpayer, as well
as amounts paid or incurred to acquire, construct, rehabilitate, or expand property used as part of
a care facility of the taxpayer. Qualified child care resource and referral expenditures would
Gambling winnings in excess of $5,000 from wagering transactions within NYS would be
included in the definition of nonresident NY source income.
Tax credit is equal to $250-$600 per employee depending on the taxable year for which the credit
is claimed.
Expands the workforce retention credit to additional farming operations that are currently eligible
to receive the farmer’s school tax credit such as cider production and Christmas tree farming.
Allows the farm workforce retention credit to include farm cideries and farm wineries but only for
those employees who are employed on qualified agricultural property.
PART O – Removes the Sunset from the Tax Shelter Reporting Provisions and Adjusts Penalties
on Tax Preparers
Removes the sunset provisions from New York’s tax shelter penalty and reporting requirements.
Such provisions are modeled after the federal tax shelter provisions in the Internal Revenue Code,
and were first added to the New York State Tax Law as temporary provisions in 2005, and have
been renewed several times thereafter on a temporary basis. Absent this proposal, which would
make these tax shelter penalty and reporting requirements permanent, these provisions are
scheduled to expire on July 1, 2019.
Updates the Tax Law provisions governing penalties for tax preparers to:
o Establish the penalties of between $100 and $1000 against preparers who take positions on
returns or claims that are not properly supported by the Tax Law; and
o Ensure that the penalties for failing to sign a return and for failing to provide a required
identification number on a return apply to all tax preparers, regardless of whether they are
required to be registered with Division of Taxation and Finance pursuant to section 32 of
the Tax Law.
PART P – Provides for Higher Personal Income Tax Rates for Five Years
Extends the top state personal income tax bracket of 8.82 percent under the tax law for five years
(for taxable years 2020, 2021, 2022, 2023 and 2024). Such rate is presently scheduled to expire
for taxable years beginning after 2019.
Extends, for five years (through the 2024 tax year), the current limitation on the itemized charitable
deduction under the NYS and NYC personal income tax for individuals with adjusted gross
income of more than $10 million.
Presently, the NY itemized charitable deduction is limited to 50 percent of the federal deduction
for individuals with adjusted gross income between $1 million and $10 million, and to 25 percent
of the federal deduction for individuals with adjusted gross income over $10 million. The 25
percent limitation, which has been in place since 2009, is set to sunset at the end of the 2019 tax
year. Should these limitations be allowed to expire, all individuals with adjusted gross income
over $1 million would be subject to the 50 percent limitation, upon a reversion to pre-2009 law.
PART R – Extends the Clean Heating Fuel Tax Credit for Three Additional Years
Extends the corporate and personal income tax credits for purchasing clean bioheating fuel for
residential purposes until January 1, 2023.
Clean bioheating fuel is home heating oil that contains at least 6% biodiesel per gallon. Biodiesel
is a vegetable oil-or animal fat-based diesel fuel consisting of long-chain alkyl (methyl, ethyl, or
propyl) esters, typically made by chemically reacting lipids (e.g., vegetable oil, soybean oil, animal
fat (tallow)) with an alcohol producing fatty acid esters, and is reportedly better for the
environment than burning conventional home heating diesel fuel.
The clean heating fuel tax credit, provides a credit is equal to $.01 per percent of biodiesel fuel,
not to exceed 20 cents per gallon, purchased. These credits, under both the personal and corporate
income tax law, are currently set to expire on January 1, 2020.
PART S – Removes the Sunset Provisions Concerning the Segregated Sales Tax Account
Program
Makes certain provisions concerning the segregated sales tax account program permanent. These
provisions, first adopted in the 2011-2012 budget (as Sections 21 and 21-a of Part U of Chapter
61), concern authorizing the Tax Commissioner, where he deems it necessary to protect sales tax
revenues, to debit segregated accounts, to require a vendor to deposit the sales tax moneys at least
weekly, and to require the vendor to obtain a bond if the vendor fails to comply. These provisions
are scheduled to expire on December 1, 2019. By removing this sunset, these provisions would
be made permanent in law.
PART T – Repeals a ten-dollar annual fee paid by cooperative corporations and rural electric
cooperatives
Amends the cooperative corporations law and the rural electric cooperative law to eliminate a ten-
dollar annual fee paid by cooperative corporations and rural electric cooperatives after 2020.
Amends Cooperative Corporations Law § 77(3) and Rural Electric Cooperative Law § 66,
respectively, to make the ten-dollar annual fee in lieu of franchise or license or corporation taxes,
in the case of a cooperative corporation, and the ten-dollar annual fee in lieu of franchise, excise,
PART U – Expands the Historic Rehabilitation Tax Credit to Include Certain Properties
Outside Eligible Census Tracts
Expands the Historic Rehabilitation Tax Credit to now include properties that are not in an eligible
census tract, but that are within a state park, state historic site, or other land owned by the state,
that is under the jurisdiction of the Office of Parks, Recreation and Historic Preservation
(OPRHP).
Under present law, the Historic Rehabilitation Tax Credit Program will cover 20 percent of
qualified rehabilitation costs of historic properties, when such property is either listed on the State
or National Register of Historic Places either individually or as a contributing building in a
historic district or eligible for inclusion on the registers; and has an approved Federal Tax Credit
Part I certification, and is located in a qualifying census tract (a federal census tract that is at 100
percent or below the State Family Median Income level or identified as a Qualified Census Tract
in Section 143 (J) of the Internal Revenue Code, or is in an area designated as an Area of Chronic
Economic Distress).
The Executive suggests that this proposal would thereby incentivize private sector investment in
unused and underutilized historic properties owned by the State in such expanded locations (such
as Saratoga’s Gideon Putnam Hotel, the bathhouses at Jones Beach, and the historic estate
buildings at Knox Farm State Park outside of Buffalo).
PART V – Extends for Two Years the sales tax exemption related to the Federal Dodd-Frank
Act
Extends for two additional years, until June 30, 2021, the exemption from sales and use tax for
certain sales or services transacted between certain financial institutions and their subsidiaries,
that are required under the Dodd-Frank Wall Street Reform and Consumer Protection Act. This
provision is presently scheduled to expire on June 30, 2019.
Creates a new tax credit for the employment of eligible individuals in recovery from a substance
use disorder, within the Mental Hygiene Law and the Tax Law.
This new tax credit provide tax incentives to certified employers for employing eligible individuals
in recovery from a substance use disorder in part-time and full-time positions in New York State.
Administered by the Office of Alcoholism and Substance Abuse Services, the credit would
authorize the allocation of $2 million in refundable tax credits computed on a 1 dollar per hour
worked per eligible employee basis, with a minimum requirement for each employee of 500
creditable hours worked and a cap for each employee of 2000 creditable hours worked.
Qualifying employers would be required to have a formal working relationship with a local
recovery community organization and eligible employees must demonstrate that they have
completed a course of treatment for a substance use disorder and are in a state of wellness. The
credit may be claimed only one time for each eligible employee.
Amends the NYS Tax Law and the NYC Administrative Code to exclude from entire net income
certain contributions to the capital of a corporation by any governmental entity or civic group.
This would thereby decouple New York from the Internal Revenue Code, which now includes
contributions by a governmental entity or civic group to the capital of a corporation in federal
gross income, to restore New York’s favorable non-tax treatment of these important contributions.
PART Z – Makes Several Adjustments to the NYS Tax Law and the NYC Administrative Code
Makes several adjustments to the Tax Law and New York City Administrative Code, as follows:
o Amends Section 43(a)(3) of the Tax Law to specify that if a taxpayer is a partner in a
partnership that is a life sciences company or a shareholder of a New York S corporation
that is a life sciences company, then the life sciences research and development tax credit
is applied at the level of the entity.
o Amends Section 209(5) of the Tax Law to remove a reference for real estate investment
trusts (“REITs”) concerning a definition of entire net income, that no longer is contained
in the Federal Internal Revenue Code.
o Amends Section 211(8)(a) of the Tax Law to remove a reference to a provision of law that
was repealed by New York’s corporate tax reform in 2015, and a reference to the issuer’s
allocation percentage.
o Amends Section 213-b of the Tax Law to remove a provision related to estimated payments
of the tax imposed under Tax Law Section 209-B (the “MTA surcharge”) that refers to S
corporations, (since the MTA surcharge does not apply to S corporations), to correct a
reference to New York S corporations; and to correct “third month” to “fourth month” for
the end date for interest paid to taxpayers on estimated tax overpayments, consistent with
the change in return due dates enacted in 2016.
o AmendsSection 1503 of the Tax Law to revise the treatment of policy holders surplus
accounts, reflecting changes to federal law, under TCJA, for taxable years 2018-2025;
o Amends Sections 11-525 and 11-676 of the New York City Administrative Code to replace
“preceding” with “second preceding”, consistent with the change made in 2016 to use the
second preceding year’s tax for purposes of estimated tax payments.
PART AA – Establishes an Exemption from Real Property Taxation for Qualified Energy
Systems
Establishes a new exemption for certain energy systems from the local taxation requirement that
the owner of property that comprises or includes an energy system enter into a PILOT agreement,
if the property meets the eligibility requirements.
Amends Section 487 of the Real Property Tax Law so that, beginning April 1, 2019, certain
specified energy systems (specifically, solar or wind energy systems, farm waste energy systems,
microhydroelectric energy systems, fuel cell electric generating systems, microcombined heat and
power generating equipment systems, and electric energy storage systems) would be exempt from
local taxation.
Requires that the owner of property that comprises or includes such an energy system must also
enter into a PILOT agreement, if the energy system is installed on real property that is owned or
controlled by the State or a State Entity; and the State or a State Entity has agreed to purchase the
energy produced by such energy system, or the environmental credits or attributes created by
virtue of such energy system’s operation, in accordance with a written agreement with the owner
or operator of such energy system, so require.
Allows the Gaming Commission to waive the existing pre-employment restriction in certain cases.
o Commission may waive for good cause any pre-employment restriction of a prospective
employee, by adopting a resolution at a properly noticed public meeting.
Current law: applicants who have held a gaming occupational license are disqualified from
Gaming Commission employment for three years from the date the license is terminated
Allows the Thoroughbred and Standardbred Breeding Funds to voluntarily contribute monies for
the support and promotion of ongoing care of retired racehorses.
PART EE – Simplify video lottery gaming (VLG) rates and eliminate additional commission
provisions
Establish a 19 percent cap on casino free play for FY 2019-2023 and reducing the cap to 15 percent
in FY 2024.
Free play would be excluded from the calculation of gross gaming revenue and any tax owed on
free play above the cap would be due within 30 days of fiscal year end.
Only free play credits issued pursuant to a written plan approved by the Gaming Commission shall
be not taxable and the Gaming Commission may suspend the approval of any plan when it is
jointly determined with the Budget Director that the use of free play credits under such plan is not
effectively increasing revenue.
Requires regional off track betting corporation board members to meet quarterly – current law
states they must only meet annually.
Imposes new reporting requirements for staff of the Board – financial plan/information for review
of the members and quarterly report.
Permits an OTB to operate a tele-theater at a casino.
PART HH – Extend certain tax rates and certain simulcasting provisions for five years
Authorizes entry into the Interstate Compact on Anti-Doping and Drug Testing Standards.
PART JJ – Extend Advisory Committee on Equine Drug Testing and Remove the Morrisville
Equine Drug Lab Restriction
One year extension for the advisory committee on equine drug testing to review the current state
of equine drug testing in NYS, and make recommendations going forward.
Current law requires the Gaming Commission to use a “state college within the state with an
approved equine science program” – only such college is Morrisville College.
o This bill would remove that language and replace it with “suitable laboratory”
Permanently caps the actual dollar amount of the basic and enhanced School Tax Relief (STAR)
benefits to property owners, beginning with the 2019-20 school year, at the 2018-19 levels. Under
this proposal, however, the existing two percent cap will remain in tact.
Authorizes the sharing of certain information reported by cooperative housing corporations with
local assessors for real property tax administration (principally STAR verification) purposes. This
proposal would further provide, however, that the Commissioner of Tax and Finance, shall not
disclose social security numbers or employer identification numbers.
PART NN – Specifies the Calculation of New York City Enhanced Real Property Tax Circuit
Breaker Credit
Amends the Tax Law to specify the calculation of the Enhanced Real Property Tax Circuit Breaker
Credit applicable to New York City. Presently, this Credit sets forth the amount of the credit
Requires manufactured home park owners to file registration statements on a quarterly basis
instead of on an annual basis, with such reports now including information on whether tenants
own or lease their manufactured home and such other information as the State Division of Tax
and Finance may deem necessary. Such information would be required to filed through an
internet-based online system.
Authorizes the Commissioner of the Division of Housing and Community Renewal, in
consultation with the Commissioner of Taxation and Finance, to promulgate regulations to require
additional information in such quarterly registration statements.
Expands the STAR Income Verification Program by providing that, effective with 2020
assessment rolls, the Commissioner of the Department of Taxation and Finance (DTF) would be
required to annually verify that Enhanced STAR exemption recipients meet the residency and age
requirements, thus requiring the same eligibility verification for the Enhanced STAR exemption
that it has done for the basic STAR exemption.
Extends this verification program to the STAR credit, to provide that anyone who is found to have
put materially false information on a STAR exemption application is precluded from receiving the
STAR exemption for six years. Such a person would also be precluded from switching to the
STAR credit during that six year period.
Provides that when a STAR check is inadvertently sent to someone whose primary residence was
receiving a STAR exemption for the same year, the Commissioner may seek repayment of the
check amount upon notice and demand. Under this provision, a notice of deficiency would not be
required.
Authorizes the Commissioner of Tax and Finance to share certain STAR related information with
local assessors for real property tax administration (principally STAR verification) purposes. This
proposal would authorize the disclosure of the names of property owners who the Commissioner
has found are not eligible for a STAR exemption or credit.
Authorizes the Commissioner would further be authorized to disclose the names of property
owners who he believes are not eligible for either the Enhanced STAR exemption or
Enhanced STAR credit and whose federal adjusted gross income is above the maximum allowable
amount set by Real Property Tax Law.
Provides that when an income tax return is filed on behalf of a decedent, that the Commissioner
may disclose to the Director of Real Property Tax Services of the county in which the decedent
resided, the following information: the decedent’s name, address, and date of death. Under this
proposal, such County Director would be responsible for sharing such information with the
assessor and tax collector, and if delinquent taxes are due, with the County Treasurer.
Lowers the income limit for the Basic STAR exemption to $250,000, beginning with the 2019-20
school year. Under this proposal, the STAR credit, would continue to have the existing $500,000
income limit remain unchanged.
Amends the language that on the notice that appears on the school tax bills of recipients of STAR
credit checks.
Presently, the law requires the notice to read that: "An estimated STAR check will be mailed to
you by the upon issuance by NYS Tax Department. Any overpayment or underpayment can be
reconciled on your next tax return or STAR credit check."
Modifies such language to provide the qualification that such “check has been or will be mailed
to you” and “[upon issuance] by the NYS tax department”.
Amends the STAR administrative process to allow for dispensations for late filing renewals of
STAR applications for “good cause”, and to facilitate renunciation of the STAR benefit.
Since 2016 taxpayers with Enhanced STAR exemptions who fail to timely file their renewal
applications may have their Enhanced exemptions restored if the Commissioner finds they had
“good cause” for missing the filing deadline. This proposal would also extend such dispensations
to renewal applications.
Expedites the process for implementing the Commissioner’s determination by empowering the
school district to adjust the tax bill if the tax has not yet been paid or issue a refund if it has.
Waives the $500 processing fee for taxpayers who renounce their STAR exemptions before their
tax bills are issued. It would further provide that when a STAR exemption is renounced the amount
to be repaid is the “tax savings” shown on the taxpayer’s school tax bill(s), which may not always
equal the property’s taxable assessed value times the school tax rate because the law has provided
for the past several years that the STAR tax savings in any school district may not grow by more
than two percent from one year to the next.
Allows for a taxpayer to renounce a STAR exemption in order to switch to the STAR credit by
permitting the switch to occur even when the payment is made after the end of the taxable year.
Includes vapor products and electronic cigarettes within the regulation of Tobacco products.
Increases the age to purchase such products from 18 years of age to 21 years of age.
Prohibits price reduction instruments in any transactions related to such sales.
Prohibits sales of tobacco products in all pharmacies.
Prohibits the display of tobacco products or e-cigarettes in stores.
Authorizes the Commissioner to promulgate regulations governing the sale and distribution of
electronic cigarettes or vapor products.
Expands the special supplemental auto rental surcharge from the Metropolitan Commuter
Transportation District (MCTD) to the remainder of the State.
Present law imposes a six percent auto rental tax, statewide, the proceeds of which are directed to
the State's highway and bridge program. An additional, supplemental surcharge of five percent is
imposed in the MCTD only, the proceeds of which are directed to Downstate public transportation
systems including the Metropolitan Transportation Authority.
Provides a uniform 11 percent statewide tax, with the additional five percent in areas of the State
north of Dutchess and Orange counties, being directed to Upstate public transportation systems.
Requires candidates for statewide office to disclose past 10 years of tax returns
Requires state legislators to disclose past 5 years of tax returns
Public disclosure no later than 60 days before a general election
Candidate can request particular redactions be made and the state BOE shall make necessary
redactions
Establishes a new process of early voting in all elections. Such proposal would provide:
o That election inspectors or poll clerks, at polling places for early voting, would consist of
either board of elections employees (appointed by the commissioners) or duly qualified
individuals, appointed in accordance with the present provisions of section 3-400 of the
election law, with such appointments being equally divided between the major political
parties, and with the board of elections assigning staff, and providing the resources they
require to ensure wait times at early voting sites do not exceed thirty (30) minutes.
o That each board of elections must provide notice to voters about early voting and that such
notice must include the dates, hours and locations of early voting for the general and primary
election, and that such notice requirement may be satisfied by providing in the notice
instructions to obtain the required early voting information from a website of the board of
elections and providing a phone number to call for such information.
o Provisions for handling ballots and scanners at the end of each day of early voting and after
the polls close on election day, with such provisions employing most of the same process for
canvassing, tabulating, and announcing results that currently apply to present election day
voting, but that no results for early voting would be tabulated before the polls close on election
day.
o That early voting would begin on the eighth day prior to any general, primary or special
election and would end and include the second day prior (i.e., on the Sunday before a Tuesday
election day).
o For the establishment of polling places for early voting, with such required number depending
on the number of registered voters in each county, with one polling place for each full
increment of 50,000 registered voters, but no fewer than one and no more than seven sites
required in each county, but counties would be able to add additional polling places at their
discretion.
o That all voters to be able to vote at any early voting polling place in their county.
o For the establishment of the hours for early voting that must be available in each county,
requiring that polls must be open for early voting for at least 8 hours between 7:00 a.m. and
8:00 p.m. on weekdays, and providing that at least one site must remain open until at least
8:00 p.m. on at least two weekdays in the early voting period, and for at least 5 hours between
9:00 a.m. and 6:00 p.m. on Saturdays, Sundays, and legal holidays, with counties having the
option of providing additional hours.
o That each local board of elections to create a communication plan to inform eligible voters of
the opportunity to vote early.
o That existing requirements for paper ballots and voter challenges be applied to those to be
used for early voting.
o That challenges of voters on early voting days should be included on the same type of report
that records challenges on election day.
o That the state board of elections be authorized to make rules regarding early voting.
o No state resources or appropriation to local boards of elections whatsoever for this enormous
unfunded state mandate.
Consolidates the federal and state primaries so they both fall on the fourth Tuesday in June
Prohibits corporate entities and LLCs from making campaign contributions or otherwise making
political expenditures other than independent expenditures.
o $5,000 contribution limit in the aggregate for LLCs and corporations to independent
expenditure committees.
Establishes an automatic voter registration, through which a citizen can be automatically registered
to vote, unless they affirmatively opt out at the point of service. This new automatic voter system
would provide:
o That the state board of elections or county board of elections shall register to vote, or update
the registration record of, any person in the state qualified to vote, who does not affirmatively
decline to register to vote.
o That an automatic registration would occur any time an individual does any of the following:
Applies for a new or renewed driver's license, non-driver identification card, pre-
licensing course certificate, learner's permit or certification of supervised driving, with
DMV, or notifies such DMV in writing of a change of their name or address.
Applies for services, renewal, registration, certification or recertification, or provides
notification of a change of address with any of the following designated agencies (as
currently listed in section 5-211 of the election law):
State or local agencies that provide public assistance, or provide services to persons with
disabilities.
State agencies that provide programs primarily engaged in providing services, including:
o The department of labor.
o The office for the aging.
o The division of veterans' affairs.
o The office of mental health.
o The office of vocational and educational services for individuals with disabilities.
o The commission on quality of care for the mentally disabled.
o The office of mental retardation and developmental disabilities.
o The commission for the blind.
o The office of alcoholism and substance abuse services.
o The office of the advocate for the disabled.
o All offices which administer programs established or funded by such agencies.
o State agencies designated as voter registration offices, including the department of state and
the division of workers' compensation, and agencies.
o The State University of New York or the City University of New York.
o The United States Immigration and Naturalization Service, upon request of the state board of
elections.
Presently voter registration is maintained and effectuated by local boards of elections and requires
an affirmative act by the voter, either by filling out and sending in a voter registration form or by
authorizing the local board to register the voter as part of another state application (such as a
Mandates that all employers give their employees up to three hours of paid time off to vote on
Election Day.
o This mandate would be applied to any election (primary, general, special).
Prohibits campaign contributions by persons or entities that are actively bidding on or have
recently bid on any government procurement contract;
Prohibition would apply to contributions made to both office-holders and candidates associated
with the branch of government requesting the procurement.
Prohibition would extend until the close of the bidding period, or until one year after the final
contract award for the winner.
Penalty not to exceed the greater of $10K or an amount equal to 200 percent of the contribution.
Current law allows for automatic update of voter registration information when the BOE receives
a change of address notification within the same county or city.
This bill would expand that automatic update to include any change of address within the entire
state.
Establishes a system of electronic poll books for the boards of elections across New York. In
accordance with this proposal, printed or electronic lists of voters in alphabetical order for single
election district or poll site would be required to be generated by boards of elections from a
computer registration file for each election that contain for each voter listed a facsimile of the
signature of the voter, with such lists being utilized in place of traditional registration poll records.
Requires the state board of elections would be required to promulgate minimum security standards
for any electronic device, and any network or system to which the electronic device is connected,
and that is used to store or otherwise access a computer generated registration list, and shall also
promulgate a list of devices that would be approved for use.
It should be noted that nothing in this proposal would provide for a photograph of the voter to be
included in the electronic poll book for verification purposes. Additionally, at present, the
decentralized, non computerized nature of current paper poll books, provide a certain level of
protection against fraud, hacking and unlawful intrusion. The only part of New York’s election
systems that have seen an attack by hackers has been the statewide electronic voter database
maintained by the state board of elections.
Adds to the legislative law a definition of “Fundraising Activities” that would include both the
solicitation and collection of political contributions for a candidate for a state or local office or for
a Political Action Committee in support of the same.
Prohibits consultants who work for political candidates from lobbying those same candidates after
they are in elected office.
Requires political committees to disclose those persons and organizations that provide political
consulting services and the fair market value of such services.
PART R- Lowers the threshold expenses constituting a “reportable business relationship” and
would trigger new filing and disclosure requirements for a lobbyist, increasing the number of
lobbyists who would be required to file disclosure documents with the joint commission on
public ethics
Amends the term “reportable business relationship” from a relationship where compensation in
excess of $1000 is paid, to a relationship where compensation in excess of $500 is paid.
Requires a lobbyist to file a statement of registration when the lobbyist expends, incurs, or
receives, over $500 of reportable business, down from $5000.
Requires clients who retain a lobbyist to make a semi-annual report in the event that lobbying
expenses exceed $500, down from $5000.
First time offenders would be subject to a Class A misdemeanor and a ban of up to two years from
all lobbying activities.
A second offense within 10 years of the first subjects the offender to a Class E felony, two to six
years of being barred from lobbying activities and a civil penalty of up to $25,000.
Any second offense that occurs within the time period that a lobbyist has been barred from
lobbying will result in a Class E felony, a ban of two to ten years and a civil penalty of up to
$50,000.
Creates a penalty of $10,000 for any failure to comply during an audit.
Creates liability for public corporations, including municipalities, who fail to adhere to the filing
and disclosure requirements.
PART T - Increases the length, from two to five years, of the existing ban on former state
officers or employees, members of the legislature and executive chamber appearing or
lobbying before certain state entities
Prohibit policy makers from lobbying or registering as a lobbyist during that timeframe and would
subject only policy makers in all branches of government to these restrictions.
Requires all County Executives, County Managers, Chairs of County Boards of Supervisors, as
well as all other local elected officials who earn an annual government salary of more than
$50,000, to file annual statements of financial disclosure with the Joint Commission on Public
Ethics.
Creates a penalty not to exceed $25,000 for knowing and willful violations and lobbyist may be
barred from engaging in lobbying activities for a minimum of six months and a maximum of five
years.
PART X – Modifies Motor Voter to Require the Department of Motor Vehicles to Forward a
Voter Registration Unless an Applicant Opts Out
Amends the motor voter registration provisions of section 5-212 of the election law to provide that
any qualified person shall be automatically applied for registration and enrollment simultaneously
with and upon application for a motor vehicle driver's license, a driver's license renewal, a change
of address, or an identification card if such a card is issued by the department of motor vehicles in
its normal course of business unless such qualified person declines such application for registration
and enrollment at the time of making such an application.
Presently, section 5-212 requires such an applicant at the Department of Motor Vehicles to be
registered upon the affirmative request of an applicant, rather than an opt out.
Provides for a Concurrent Resolution of the Senate and the Assembly Opposing the Federal
Requirement of An Enactment of State Law to Require the Suspension or Revocation of Drivers
License For Any Individual Convicted of a Violation of the Federal Controlled Substance Act
or Other Drug Law.
The Executive proposes a concurrent resolution of the Senate and the Assembly, that would
declare the senate’s and assembly’s opposition to a federal law (23 U.S.C. section 159(a)(3)(i))
that requires the revocation, suspension, issuance or reinstatement of drivers' licenses to
convicted drug offenders regardless of whether the offense is related to the operation of a motor
vehicle.
The Executive contends that unless the Congress repeals such federal law, or the state enacts such
a suspension or revocation law (to which the executive is opposed), New York will lose eight
percent of its federal highway related funds.
It should be noted, that in accordance to Rule VI, section 9b of the Rules of the Senate, as adopted
on January 9, 2019, “A resolution supporting or condemning, or proposing or urging a change
in Federal law which is not directly germane to the affairs, business, rights, benefits and
obligations of New York State shall be out of order and shall not be reported and any resolution
recommending, urging, supporting, altering or condemning a position or change in foreign policy
of the United States Government or the domestic or foreign affairs of any other government of
the World shall be out of order and shall not be reported.” As a result, this resolution, as offered
by the Executive would be violative of a long standing Senate Rule and procedure of the house.